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(영문) 대구지방법원 2017.11.17 2017노1730
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (10,000,000 won) pronounced by the lower court on the gist of the grounds of appeal is too unfasible and unreasonable.

2. The instant fraud crime was committed by the Defendant by deceiving the victims of sexual intercourses over a long period of time and deceiving them about about KRW 75 million, and was committed with poor quality in light of the period, frequency, amount of damage, etc. of the crime, in the case of larceny, which is obvious to the extent of robbery, and the form of the crime is not very good, and there is a record of criminal punishment imposed by the Defendant several times, and there is a record of having been sentenced to punishment due to robbery.

However, there are favorable circumstances, such as the fact that the Defendant led to the confession of all of the instant crimes and reflects his mistake, and that in the case of the fraud, the amount of actual damage is less than KRW 10 million by returning the amount of KRW 68 million to the victim during the course of the crime, and that the victim of the larceny has agreed with the victim in the course of the investigation.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, circumstances after the crime, etc., all of the sentencing conditions indicated in the records and theories of the crime in this case, the punishment imposed by the court below is too uneasible and it does not seem unfair.

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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