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(영문) 대구지방법원 2018.04.18 2017노5742
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The judgment defendant is able to have the same criminal history, and has committed the crime of this case during the period of repeated crime for the same kind of crime. It is necessary to punish the defendant with severe punishment.

However, considering the following circumstances in light of the Defendant’s recognition of the instant crime and the amount of damage is not more than KRW 2.40,000, and the Defendant’s repayment of KRW 1.50,000 among them, the Defendant’s age, sex, environment, family relationship, circumstances leading to the Defendant’s crime, means and consequence, and all of the sentencing conditions stated in the records and arguments, including the circumstances after the commission of the crime, the sentence imposed by the lower court is appropriate and the lower court’s determination of the sentencing exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's above assertion is without merit, since the court below's punishment is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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