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(영문) 대구지방법원 2016.07.08 2015노1102
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (five million won in penalty) that the court below rendered by the court below on the gist of the grounds of appeal is too unhutiled and unreasonable.

2. On February 18, 2010, the Defendant was sentenced to three years of imprisonment for a violation of the Act on the Protection of Juveniles from Sexual Abuse in the Daegu District Court Port Support, etc., and was released from Ansan Prison on June 29, 2012. After termination of the parole period on September 10, 2012, the Defendant committed the instant crime without being aware of the fact that he committed the repeated crime, such as deceiving the victim by using personal trust relationship, and lending money to the victim by taking advantage of various methods. However, there is no good reason to view that the Defendant’s confession of the instant crime was against the Defendant, and that the Defendant promised to refrain from changing the amount of KRW 1,00,000 per month from 200 to 1,000 per month, even though the Defendant failed to comply with the above agreement, and the Defendant appears to have made efforts to recover the motive and condition of the instant crime, and there is no reason to view that the Defendant’s allegation that there was no change in the motive and condition of the instant punishment.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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