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(영문) 대구지방법원 2017.11.09 2017노3822
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (eight months of imprisonment) is too unreasonable.

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

2. The lower court rendered the above sentence, taking into account the favorable circumstances, where the Defendant committed each of the crimes of this case, even though the Defendant was sentenced to punishment, suspension of execution, fine, and criminal punishment for the same crime, and the fact that the Defendant did not recover from damage, on the contrary, was sentenced to the above punishment, considering the fact that the Defendant committed each of the crimes of this case.

In addition to the circumstances taken into account by the court below, it shall be taken into consideration in favor of the fact that the injured party's Cheong-ho Fast has paid 3 million won to the Dispute Resolution Co., Ltd.

In full view of the Defendant’s age, sex, environment, health, circumstances leading to the commission of a crime, means and result, scale of a crime and circumstances after a crime, etc., which can be known through records and pleadings, the sentence sentenced by the lower court appears to be reasonable, and the lower court’s sentencing judgment exceeded the reasonable bounds of discretion.

There is no circumstance that the assessment or maintenance thereof is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable as it is alleged by the Defendant or the prosecutor.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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