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(영문) 대구지방법원 2020.09.01 2020노1094
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, three years of probation, and 200 hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). From this point of view, the lower court, based on a comprehensive consideration of the circumstances unfavorable to the Defendant, such as the reason for sentencing, (i.e., the fact that the Defendant avoided criminal punishment by escape for a long time without cooperating with the investigation after the crime of violation of the Road Traffic Act, and (ii) the injury has not been recovered), as well as the circumstances favorable to the Defendant (other than the fraud, recognized the crimes, and the fact that pecuniary damage is not large). There is no special change of circumstances that may change the sentence of the lower court after the sentence of the lower judgment.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive, background, means and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, as it is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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