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(영문) 대구지방법원 2016.09.30 2016노1103
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 120 hours of community service) imposed by the court below is too unhued and unreasonable.

2. The amount obtained by deception through each of the crimes of this case is not so much, but most of the damages have not been recovered.

However, all of the crimes of this case are recognized by the Defendant, and the mistake is deeply divided, and there is no record of punishment exceeding the fine, and efforts are hard to recover damage.

The defendant living alone with her mother, her mother, her child, and her child, and the custody of the highest defendant seems to entail excessive difficulty to the above her dependent.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the instant crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is too uneasible and unreasonable.

3. As the prosecutor’s appeal is without merit, it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition by the court below (see, e.g., Supreme Court Decision 1.1. I and B’s each police’s statement report on “1. I” is obvious that it is a clerical error in the “police’s statement report against I” among “the summary of evidence” as the reasoning of the court below’s judgment. Thus, it is obvious that it is a clerical error in the

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