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(영문) 대구지방법원 2019.06.21 2019노574
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of eight million won) declared by the lower court is too unhued and unreasonable.

2. Determination has the record of punishment more than 20 times including imprisonment for the same criminal act, and in particular, the defendant committed each of the crimes of this case without being aware of the fact that he committed a repeated crime due to the same criminal act even though he was during the period of repeated crime. However, considering the favorable circumstances such as the confession of each of the crimes of this case and the agreement with the victims, the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and all of the sentencing conditions stated in the records and arguments of this case, such as the records and arguments of this case, it cannot be deemed unfair to the extent that the sentence of the court below is too uneasible and it goes beyond the reasonable scope.

Therefore, prosecutor's assertion is without merit.

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

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