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(영문) 대구지방법원 2020.11.11 2020노323
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (the community service order of six months of imprisonment, two years of suspended execution, and one hundred and twenty hours of imprisonment) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the factors revealed in the pleadings of the instant case, including the background leading up to the instant crime and the degree of deception, the amount and degree of recovery of the damage amount of the instant case, and there are no special circumstances or changes in circumstances that may be newly considered in sentencing after the pronouncement of the lower judgment, and other factors revealed in the course of the pleadings of the instant case, including the Defendant’s age, family relationship, criminal record (no record of punishment for the same type of crime), and circumstances after the crime, the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion, or to be unreasonable because it is too unreasonable

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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