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(영문) 대구지방법원 2016.12.23 2016노4280
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 (six months of imprisonment) is too unreasonable.

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

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, it is recognized that the Defendant made up of the first instance trial, and that the Defendant made a confession of his mistake at the latest and led to his mistake.

However, in light of the form and method of the instant crime, etc., if considering all of the sentencing conditions and the sentencing guidelines set forth in the instant argument, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or too unreasonable, in light of the following: (a) the amount of damage was not recovered from damage; (b) the Defendant did not agree with the victim; (c) the Defendant was punished by a fine over several times; and (d) the Defendant was punished for the same kind of crime; and (e) the Defendant’s age, character and behavior, environment; (e) the motive, means and consequence of the instant crime; and (e) the scope of recommended sentencing guidelines set by the Sentencing Committee,

Therefore, each of the above arguments by the defendant and prosecutor is 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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