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(영문) 대구지방법원 2019.05.24 2018노4880
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unhued and unreasonable.

2. The lower court determined a sentence by taking account of the favorable circumstances, such as ① the Defendant’s deception by deceiving the victim during the suspension of execution of the community service order by being sentenced to a suspended sentence for the same crime, and the fact that it is not good to the nature of the crime in light of the timing and object of the crime, etc., the Defendant’s criminal records are possible, and the damage is not completely recovered even though the amount of damage is not a large amount of damage, ② the Defendant recognized and reflects the crime, and the Defendant should take into account the equity with the case where the judgment was rendered simultaneously with the case where the judgment was rendered on January 26, 2018.

There are no special circumstances or changes in circumstances that are different from the sentencing conditions of the lower court until the lower court appears to have been determined appropriately by fully taking into account the above circumstances and up to the trial.

In addition, considering the various circumstances, including the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., which are the conditions for sentencing as shown in the instant pleadings, it cannot be deemed unreasonable to the extent that the sentence imposed by the lower court is too unhued and so it goes beyond the reasonable scope

3. The prosecutor's appeal of conclusion 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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