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(영문) 대전지방법원 2017.09.14 2017노1535
사기
Text

Defendant

All appeals filed by both the prosecutor and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment and two years of suspended sentence) is too unreasonable.

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

2. The judgment that the defendant recognized the instant crime and reflecteds his mistake, and that the defendant agreed with the victim is favorable.

On the other hand, the defendant's crime of this case is not less complicated in light of the method of crime and the amount of damage, and the fact that the defendant has a majority of the criminal records of the same kind is disadvantageous.

In full view of such circumstances as well as the Defendant’s age, sex, environment, relationship with the victim, motive, means, and consequence of the crime, and the various sentencing conditions indicated in the instant records and arguments after the crime, it cannot be deemed that the sentence of the lower court against the Defendant is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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