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(영문) 대구지방법원 2017.02.03 2016노5190
사기
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) by the court below is too unhued and unfair.

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

2. In light of the above circumstances, the defendant's confession of the crime of this case, favorable circumstances, such as the fact that the defendant has been subject to punishment for the same kind of crime or has no record of criminal punishment exceeding a fine, and the crime of this case is committed by the defendant by deceiving a considerable amount of money from the victim by abusing the status of the victim's workplace and the victim has a physical disability and lack of intellectual ability, and thus, the quality of the crime is not very good, the damage has not been recovered and the victim seems to suffer from extreme economic difficulties due to the crime of this case. The scope of the recommended punishment according to the sentencing guidelines of the Supreme Court on the crime of this case [type 1 (less than KRW 100,00), right height (aggravating area, aggravated factor: 1 to 2 years and six months], the defendant's age, sex, environment, motive, means and consequence of the crime of this case, and the records and circumstances after the crime of this case, all of the prosecutor and the defendant's arguments are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (Article 25(1) of the Rules on Criminal Procedure, however, the "the selection of sentence 1." of the application of the law of the court below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure is corrected by adding "Article 37, Article 38(1)2 and Article 50 of the Criminal Procedure Act to "the addition of "the first sentence for concurrent crimes" as follows.

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