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(영문) 대구지방법원 2014.03.21 2013노4150
사기등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. On the grounds of the judgment of the public prosecutor and the Defendant’s assertion of unfair sentencing, a determination is made together with the following: (a) the Defendant made confession of all the instant crimes and reflects his mistake in depth; (b) the Defendant was receiving friendly treatment as a mental handicap Grade 2; (c) the Defendant had the record of having been punished several times for the same crime; (d) the Defendant did not recover damage from the instant crime; and (e) the Defendant was issued a summary order of KRW 1 million due to intimidation of the said victim on the grounds that the Defendant reported the Defendant to the police regarding the instant crime; and (b) other circumstances indicated in the instant case, including the Defendant’s age, character and conduct, environment, motive and means of the instant crime, and the consequence, etc., the punishment imposed by the lower court is too excessive or unreasonable.

Therefore, prosecutor and defendant's arguments are without merit.

3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, 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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