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(영문) 대구지방법원 2013.11.01 2013노2626
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment with prison labor, one year of short term, eight months) is too unreasonable.

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

2. Regarding the assertion of unfair sentencing by the Defendant and the prosecutor, the following facts are examined: (a) the Defendant, throughout 210 times more than 6 months, deceiving a large number of victims to sell valuable goods; (b) the Defendant’s deceptioned the money to sell them; and (c) the liability for such crime is not less severe; (d) the amount of damage was not paid in full on the amount of KRW 11,50,000 in total; and (e) the Defendant had the record of receiving juvenile protective disposition by the same criminal act; (b) the Defendant recognized all of the instant criminal acts, and submitted the details of bank transactions to cooperate in the investigation; (c) the Defendant was detained for a considerable period of time; (d) the Defendant is still under custody; (e) the Defendant is still a juvenile with a little age; and (e) the Defendant’s age, character and conduct, environment, criminal records, and other various sentencing conditions such as the Defendant’s age, character, criminal records, and circumstances after the crime. Therefore, each of the aforementioned arguments by the Defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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