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(영문) 대구지방법원 2020.10.06 2020노2378
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the gist of the reasons for appeal, the defendant asserts that the court below's punishment (one year of imprisonment) is too unfied, and that the prosecutor is too unfied and unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). From this point of view, the lower court: (a) took into account the circumstances unfavorable to the Defendant, such as the reasons for sentencing in its judgment (the Defendant was sentenced to two years of suspension of execution on August 22, 2019 in the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch of the instant crime during the period of suspension of execution; (b) the Defendant has already been punished by a fine by taking account of the crimes that interfere with recommended duties during the period of suspension of execution; (c) the Defendant committed the instant crime of interference with duties, six fraudulent crimes, violence and drunk driving; (d) the Defendant was also convicted of each of the instant crimes in favor of the victims other than P, M, andO; and (d) prepared a comprehensive agreement between the victim and the Defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive, background, means and consequence of the crime, and the circumstances after the crime, the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, as it is too heavy or unhued.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and Article 364 of the Criminal Procedure Act is not reasonable.

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