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(영문) 대구지방법원 2019.10.11 2019노3161
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court to the Defendants (one year and two months of imprisonment, and one year of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the Defendants and the Prosecutor’s arguments.

It is recognized that the Defendants both recognize and reflects the instant crime, and Defendant A did not have a criminal record exceeding the fine, and Defendant B did not have a criminal record, and that there was no criminal record, Defendant A’s fraud, thief, and Defendant B’s thief.

However, it is also recognized that there was a total of 24 juvenile protective dispositions, including: (a) the frequency of the crimes in this case is high; (b) the Defendants are not good; (c) the Defendants did not agree with the victims; and (d) Defendant B was sentenced to a stay of execution of six years due to night residence intrusion larceny on November 8, 2018; (b) the crimes in this case were committed during the stay of execution; (c) Defendant A had already been punished two times due to fraud; (d) Defendant A had already been punished four times due to non-licensed driving, etc.; and (d) Defendant B received four times juvenile protective dispositions due to the larceny; and (d) Defendant B received 13 times juvenile protective dispositions due to the larceny.

In addition, comprehensively taking account of the various circumstances such as the Defendants’ age, character and conduct, environment, family relationship, motive and background of the offense, means and consequence, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the court below after the judgment of the court below, it is not recognized that the sentence imposed by the court below is too heavy or unreasonable.

3. In conclusion, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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