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(영문) 대구지방법원 2018.10.05 2018노2876
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a judgment of dismissal of public prosecution against the charge of assaulting, fraud, bodily injury, interference with business, and damage to property, respectively.

However, only the defendant and the prosecutor appealed the guilty part, and the dismissed part of the judgment below became final and conclusive separately as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of reasons for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and two months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

3. It is recognized that the Defendant recognized and reflected the instant crime, agreed with the victim Q Q, V, D, T, G, and N, and the extent of damage caused by the instant crime is relatively small.

However, it is also recognized that the defendant had a total of 52 times punishment including punishment for the same kind of crime, and in particular, the defendant committed the crime of this case on 5 days only during the period of repeated crime due to the same crime, and the victim U, W, J, or L did not agree with the victim.

In addition, taking into account the various circumstances such as the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime, and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the judgment of the lower court, it is not recognized that the sentence imposed by the lower court is too heavy or unreasonable.

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

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