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(영문) 대구지방법원 2017.03.24 2016노5808
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of one-year imprisonment sentenced by the lower court is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Regarding each of the unlawful arguments of sentencing by the Defendant and prosecutor, punishment should be determined in consideration of equity in the case where the first head of the crime in which the judgment became final and conclusive at the same time is to be judged. The crime of aiding and abetting perjury in this case does not actually affect the conclusion of the judgment (Evidence No. 3035 of the evidence No. 3035 of the judgment of the court below). The Defendant also recognized the charges of fraud in this case at the second trial date of the trial of the court below. The Defendant did not agree with the victim E, on the other hand, the Defendant committed each of the crimes in this case without being aware of the fact that the Defendant did not agree with the victim E at all during the suspension period of the execution of the sentence due to rape, etc., the Defendant committed the crime in this case without being able to take a desire in the court after being sentenced to the judgment of the court below, and the Defendant did not go against his wrongness until the judgment of the court below was pronounced, and the Defendant did not appear to have any undue or undue circumstances in the Defendant’s and family relations.

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

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