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(영문) 대구지방법원 2015.09.11 2015노2831
사기등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the prosecutor (the first offense: imprisonment with prison labor for 4 months, and the second offense in the holding: fine of 1 million won) is too uneased and unfair.

B. The above sentence imposed by the court below is too unreasonable.

2. As to the assertion of unfair sentencing by the public prosecutor and the defendant, there are circumstances unfavorable to the defendant, such as the following: (a) the defendant, who had been punished several times by the crime of larceny, repeats each of the crimes under Article 1 of the judgment of the court below in the probation period for the same crime; and (b) the victim and the victim did not agree with each of the charges of this case; (c) the defendant recognizes all of the charges of this case; (d) the defendant reflects his mistake; (e) the defendant's age is still less than the amount of damage; (e) the crime under Article 2 of the judgment of the court below should be determined by taking into account equity with the crime of first head of the crime in the judgment of the court below which became final and conclusive; (e) the defendant has been sentenced to the suspended sentence after the cancellation of the suspended sentence due to the crime of this case; and (e) the defendant's age, character and behavior, and environment; and (e) other various circumstances shown in the records and arguments, it cannot be deemed that the punishment imposed by

3. According to the conclusion, since all appeals filed by the prosecutor and the defendant are without merit, they are all dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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