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(영문) 대구지방법원 2013.04.19 2013노363
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (four months of imprisonment) 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 prosecutor together, there was a history of punishment several times for the defendant to commit the same crime under the same water method as the crime of this case, and not only the criminal liability for the crime of this case again during the period of repeated crime, but also the criminal liability is less for the defendant to commit the crime of this case. However, the defendant paid 25.5 million won to the victim, and the remainder of the damage amount is also repaid, the defendant liquidated a non-speed business as the means of the crime of this case, the defendant was not in a state of health as Grade II due to a serious disorder, and other factors of sentencing such as the defendant's age, character and behavior, environment, criminal records, and circumstances after the crime, etc., the court below's punishment is too heavy or unreasonable. Thus, each of the above arguments by the defendant and 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.

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