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(영문) 대구지방법원 2017.04.27 2017노170
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unhued and unfair.

2. The judgment below held that the defendant committed each of the crimes of this case even though he received multiple juvenile protective disposition, considering the fact that the defendant committed each of the crimes of this case even though he received multiple juvenile protective disposition, planned and committed the crime of this case, and the number of the crimes was not specified, and considering the defendant's records of juvenile protective disposition and the fact that the defendant's ordinary tendency and violent tendency seems to reach a serious level in light of the defendant's law in light of the records of juvenile protective disposition of this case and the contents of each of the crimes of this case, the court below sentenced the above punishment by taking into account the circumstances favorable to the defendant's above, such as the fact that the crime of fraud of this case is distributed to the accomplice and the profits actually acquired by the defendant are not less than the amount entered in the crime and the amount acquired by the defendant is presumed to have been recovered from considerable damage to the money acquired by the defendant. The

In full view of the circumstances that take into account the unfavorable circumstances as above, the Defendant’s age, sex, environment, background leading up to committing a crime, means and consequence, scale of crime and circumstances after committing a crime, etc., the lower court determined that the sentence imposed by the Defendant was appropriate, and that the lower court’s judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, as asserted by a prosecutor, the lower court’s sentencing cannot be deemed unfair as it is so far as it ought to be reversed.

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

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