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(영문) 대구지방법원 2017.08.11 2015노3322
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The court below dismissed the prosecution against the defendant as to the violation of the Labor Standards Act among the facts charged in the instant case, and convicted the remaining facts charged, and dismissed part of the prosecution which the prosecutor did not appeal because the defendant and the prosecutor appealed only for the guilty part, becomes final and conclusive upon the expiration of the appeal period. Thus, the court below's judgment shall be tried only for the guilty part among the judgment below.

2. Summary of reasons for appeal;

A. The written opinion of April 21, 2017, which was submitted by the defense counsel after the deadline for submitting the Defendant’s appeal, is examined only to the extent that the grounds for appeal specified in the written reasons for appeal supplement are examined.

The punishment sentenced by the court below (one year of imprisonment, two years of suspended execution) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

3. As to each of the unlawful arguments of sentencing by the Defendant and the prosecutor, it is recognized that there is no criminal history except for the Defendant who was sentenced to a fine of KRW 500,000 for a crime of 200,000 for the following reasons: (a) the Defendant and the victims have led to the death of the Defendant and the victims of the crime; (b) a civil lawsuit is pending due to the settlement of construction price between the Defendant and the victims; and (c) a set-off of the amount of damage and the unpaid construction price would not have been significantly damaged by the victims; and (d)

On the other hand, considering all of the sentencing conditions stated in the argument of this case, such as the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, situation after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy, or too unreasonable, in light of the fact that the amount of damage caused by the crime of this case exceeds KRW 430 million,000,000,000 has not been recovered until three years have passed since the date of the crime.

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