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(영문) 대구지방법원 2020.08.20 2020노1780
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of two and a half years of imprisonment sentenced by the lower court 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 together with regard to each of the allegation of unfair sentencing, the Defendant made efforts to recover damage by examining the facts charged in this case, the Defendant recognized all of the facts charged in this case and against his mistake, the Defendant paid a part of the victims or transferred real estate ownership, etc. The Defendant agreed with the victim’sO, the Defendant did not have any criminal records exceeding the same kind of money or fine, and the Defendant did not have any criminal records exceeding the same amount of fine, and the victim’s total damage amount exceeds five persons and did not recover a considerable amount of damage but has not been recovered. The Defendant’s age, character, environment, family relationship, and circumstances after the sentence of the lower judgment, and there was no other change of circumstances that may be considered in sentencing after the sentence of the lower judgment, and the Defendant’s age, character, environment, family relationship, and circumstances after the crime, etc. are considered, and thus, the Defendant and the prosecutor’s allegation of unfair sentencing is not recognized to be excessive or unreasonable.

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

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