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(영문) 대구지방법원 2016.06.16 2016노1390
사기방조등
Text

Defendant

All appeals filed by A, Defendant B, and Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment against the above Defendants A and B (unfair sentencing) by the lower court (one and half years of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing) of the lower court’s each sentence against the Defendants (Defendant A and Defendant B: imprisonment of one year and six months, and Defendant C and Defendant D: imprisonment of eight months, suspension of execution of two years, observation of protection, and community service for 120 hours) are deemed to be too uneasible.

2. Determination

A. As to each of the above defendants A, B, and prosecutor's alleged unfair sentencing, the defendant A, and B led the crime of this case; the defendant A and B had a lot of criminal records including the same crime; the defendant A were sentenced to a suspended sentence due to similar crime; the crime of this case was committed during the suspended sentence period; the crime of the above defendants was not very good; the damage from each of the crimes of this case was not restored; the damage from each of the crimes of this case was not completely restored; the defendant B could have judged simultaneously with the first head of the crime of this case; and other circumstances that are conditions for sentencing as shown in the records and arguments of this case, including the age, sex, environment, motive, means and consequence of the crime of this case; and the court below's punishment is appropriate within the scope of discretion.

Therefore, the above defendants' arguments and prosecutor's arguments are without merit.

B. As to each of the unfair sentencing arguments against Defendant C and Defendant D by the prosecutor, Defendant C is the primary offender who has no particular criminal record, and Defendant D also has no record of criminal punishment exceeding the fine, and there is no record of criminal punishment for the same kind of crime, and the quality of each of the crimes of this case is very poor. However, the above Defendants’ age, gender, and other circumstances, such as the agreement with the victim F, are committed.

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