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(영문) 대구지방법원 2014.12.26 2014노3833
사기등
Text

All appeals by the prosecutor and the defendant are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (nine months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. As to the prosecutor's judgment and the defendant's argument, the facts that the defendant confessions all of the crimes of this case and reflects the mistake, that the victim J and D agree, that there is no criminal record exceeding the suspension of execution, the crime of this case is stolen money from the victim by using the fact that the defendant, a caregiver, who is a caregiver, is aged and lacks judgment ability compared to the general public, or voluntarily withdraws the basic recipient's benefits after voluntarily applying for basic living assistance in the name of the victim, or withdrawal of the basic recipient's benefits from the victim's child, and the crime is not less than KRW 100 million. The total amount of damages caused by each of the crimes of this case exceeds KRW 100 million, the crime is not less complicated in light of the crime period, frequency, number of crimes, and the amount of damages. Despite the fact that the defendant had been punished for the same kind of crime, despite the fact that the defendant again committed the crime of this case, the defendant's age, character and behavior, environment, relationship with the victims, motive, method and result of the crime of this case, etc.

3. In conclusion, since the appeal by the prosecutor and the defendant is without merit, 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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