본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
대구지방법원 2014.05.30 2014노55

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, it is an unfavorable circumstance that the Defendant and the prosecutor did not complete recovery of damage, even though the sum of damages was a considerable amount of KRW 161,500,000,000.

On the other hand, it is difficult to readily conclude that the Defendant committed the instant crime with his accomplice C was a criminal act led by some victims, the remaining crime was agreed with the victims, or the victims did not want to be punished against the Defendant, and the Defendant was the first offender, etc., in light of the favorable circumstances, such as the fact that the Defendant committed the instant crime for about six months, and that the Defendant was the first offender.

In addition, considering the overall conditions of sentencing such as balance of punishment with accomplices, age, character and conduct, environment, and circumstances after the crime, the court below's punishment is too heavy or unreasonable. Thus, each of the above arguments by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.