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(영문) 대구지방법원 2017.02.03 2016노4914
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and four months of imprisonment) is too unreasonable.

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

2. It should be recognized that the defendant recognized each of the crimes of this case and repented of wrong facts.

However, the crime of this case is very bad in light of the motive, method of crime, and frequency of crime by obtaining a loan in the name of the victims or by opening a cell phone.

In particular, in the case of the victim J, the victim J is merely 13 years of age.

It seems that the defendant started to live together with the defendant regardless of the family's blue marriage with the defendant, and the defendant also committed a crime by getting a loan under his name by taking advantage of the above circumstances of the victim or by threatening the victim refusing to get a loan.

There is no particular change in sentencing conditions compared with the original judgment, since the damage has not been recovered to the trial, and new sentencing materials have not been submitted in the trial.

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

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

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