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(영문) 대구지방법원 2016.09.30 2015노2872
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (six months of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. Although the crime of this case was committed from August 2009 to August 2010 by the defendant, the nature of the crime is not good as the case where the defendant acquired a total of KRW 51 million from the victim D, B, and C, the amount of fraud is reasonable, but the victim did not pay the damage to the judgment of the court, and the victims want to punish the defendant. However, although there are unfavorable circumstances such as the defendant's confession of all of the crimes of this case, the defendant is against the defendant's mistake, there is no past record of criminal punishment exceeding the same criminal record and fine, and other favorable circumstances such as the defendant's age, sex, environment, motive and circumstance leading to the crime of this case, its means and consequence, the circumstance after the crime, etc., the prosecutor's assertion that the sentence imposed by the court below cannot be deemed to be unfair because it is unjustifiable.

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

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