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(영문) 대구지방법원 2016.05.13 2015노1739
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. On April 28, 2015, the record reveals that the Defendant filed an appeal against the lower judgment on April 28, 2015, and failed to submit a statement of reason for appeal within 20 days from the date he/she received lawful notice of the record of trial on May 15, 2015. The petition of appeal does not include the reason for filing an appeal, nor does there exist any reasons for ex officio examination even after examining the record.

2. Judgment on the prosecutor's appeal

A. The decision of the court below on the gist of the grounds for appeal (six months of imprisonment and two years of suspended execution) is deemed to be too untile and unfair.

B. The Defendant did not enter into an agreement with the victims to the extent that the amount of damage caused by each of the instant crimes was not significant, and the Defendant did not reach an agreement with the victims.

However, the defendant did not commit each of the crimes in this case planned, but the damage actually suffered by the victim F by constructing a substantial part of the single house in the fraud crime against the victim F is less than the defrauded's money stated in the criminal facts in the decision of the court below.

In addition, the defendant did not have any history of punishment for the same crime, and deposited part of the amount of damage for the victim D in the trial.

In addition, considering various sentencing conditions, such as the Defendant’s age, sex, intelligence and environment, motive and background of a crime, means and consequence of a crime, and the situation before and after a crime, it does not seem unfair even if considering the various circumstances asserted by the prosecutor, the sentence imposed by the court below is too unfasible.

3. As the prosecutor’s appeal is without merit, it shall be dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the defendant’s appeal shall be dismissed by decision pursuant to Articles 361-4(1) and 361-3(1) of the Criminal Procedure Act, but as long as the prosecutor’s appeal is so decided, the defendant’s appeal shall also be dismissed by judgment. It is so decided as per Disposition.

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