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(영문) 대구지방법원 2016.07.07 2015노1067
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s above sentence is too uneasible and unreasonable.

2. When the Defendant was found to have committed each of the instant crimes, the Defendant recognized all of the instant crimes and against his mistake; the Defendant deposited KRW 30 million for the victim; and the Defendant deposited considerable part of the damage recovery due to each of the instant crimes.

It appears that the defendant should take into account the equity in the case of punishment as well as the prior conviction of the first head of the crime committed by the court below.

On the other hand, the fact that the defendant has many records of punishment for the same crime, and that the victim wants to punish the defendant is disadvantageous to the defendant.

In full view of the aforementioned circumstances and other circumstances, comprehensively taking into account the Defendant’s age, sexual conduct, environment, relationship to victims, motive, means and consequence of each of the instant crimes, and circumstances, including the circumstances after the crime, etc., the lower court’s punishment is deemed to be appropriate as a punishment within the scope of the discretion for sentencing.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and 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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