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(영문) 대구지방법원 2019.09.20 2019노2098
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (eight months 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.

(2) On July 23, 2015, Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see Supreme Court en banc Decision 2015Do3260, supra). Based on the foregoing legal doctrine, the lower court, based on the following circumstances, determined a punishment by considering favorable circumstances, such as: (a) the nature of the crime is not good in light of various circumstances as indicated in its reasoning; (b) the damage recovery was not realized; (c) the victim’s confession and reflects the Defendant; and (d) the equity with the case where the judgment is to be rendered simultaneously with the final and conclusive fraud, etc.; (d) there is no special circumstance or change of circumstances that may be assessed differently from the sentencing conditions of the lower court in the trial; and (e) the Defendant’s age, character and conduct, motive for committing the crime, and circumstances after committing the crime, etc. comprehensively considering all the various circumstances that form the conditions for sentencing specified in the pleadings of this case, it cannot be deemed unfair to the extent that the lower punishment

Therefore, prosecutor's assertion is without merit.

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

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