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(영문) 대구지방법원 2020.01.16 2019노1778
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of Defendant (a fine of 6 million won) sentenced by the lower court is too unreasonable.

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

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The defendant recognizes his mistake and reflects his fault.

There is no criminal record for the defendant, and there is no other criminal records except a fine once after 2006 due to drinking driving.

These points are favorable to the defendant.

On the other hand, the money acquired by the defendant is not 10 million won.

Nevertheless, the Defendant complained of the suffering following the demand for repayment by the victim, but did not repay the amount of damage to the victim or agree with the victim.

These points are disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character and conduct, environment, health conditions, circumstances after the commission of the crime, and all the conditions of sentencing as shown in the instant records and pleadings, there is no circumstance that the sentence imposed by the lower court is deemed to have exceeded the reasonable bounds of discretion or to be unfair to maintain the sentencing judgment by the lower court.

Therefore, since the sentence imposed by the court below is too heavy or unreasonable, the defendant and the prosecutor's argument of unreasonable sentencing is without merit.

3. The appeal filed 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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