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(영문) 대구지방법원 2016.11.18 2016노3819
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of eight months of imprisonment sentenced by the lower court 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, the defendant and prosecutor together consider the argument of unfair sentencing, the total amount of damage of this case is 77 million won, and even if the victim applied for individual rehabilitation due to the crime of this case, the defendant did not agree with the victim up to the trial, the defendant acknowledged the facts charged of this case and reflects his mistake in depth, and the defendant deposited for the victim in the court below, there is no special change of circumstance that can change the sentence of the court below after the decision of the court below was made, and there is no other change of circumstance that can change the sentence of the court below after the decision of the court below, considering all the sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relations, circumstances after the crime, etc., the defendant and prosecutor's assertion of unfair sentencing by each of the defendant and prosecutor are too heavy or unreasonable. Thus, the defendant's grounds for appeal are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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