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(영문) 대구지방법원 2016.03.18 2016노8
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment, and confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Although there are favorable circumstances for the defendant, such as the fact that the defendant recognized all the facts charged in the instant case, and the fact that the profits acquired by the defendant are not large due to the instant crime, the defendant did not agree with the victim and did not fully repay the damage, and there seems to be no possibility of recovering damage in the future. In light of the method of crime, in light of the fact that the nature of the defendant's crime does not seem to be less and the method of the criminal offense increases more and more, there is no need to punish the person involved in the instant crime, and that there is no undue need to punish the defendant and the defendant's unlawful circumstances, such as the defendant's character and conduct.

3. According to the conclusion, all appeals filed by the defendant and the prosecutor are without merit, and they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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