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(영문) 대구지방법원 2020.06.26 2019노4081
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: (a) the lower court’s punishment (exemption from punishment) is too unfied and unreasonable.

2. The fact that the judgment defendant committed each of the crimes of this case without being aware of the fact that he/she had been punished several times for the same crime, and that he/she committed each of the crimes of this case without being aware of the fact that he/she had committed a repeated crime

However, in full view of various circumstances, including the fact that the Defendant partially repaid the amount of damage to the victim J, the fact that the victims’ damage amount is relatively small, and the crime of this case was committed on June 19, 2019 and the concurrent crimes between the crime of fraud and the latter part of Article 37 of the Criminal Act, which became final and conclusive on June 19, 2019, as well as the relationship between the latter part of Article 37 of the Criminal Act and the concurrent crimes, there is no special circumstance or change in circumstances that may be newly considered after the pronouncement of the lower judgment, and other circumstances that form the conditions for sentencing specified in the arguments of this case, such as the Defendant’s age, character, character, environment, family relationship, motive for the crime, means and consequence of the crime, etc., it cannot be deemed unreasonable to deem that the lower court’s sentence

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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