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(영문) 대전지방법원 2015.12.03 2015노3020
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (six months of imprisonment) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too uneasible and unreasonable.

2. The court below's determination that the defendant led to the confession of the crime of this case and reflects his mistake, the defendant appears to have recovered a considerable part of the damage to the victim E and P, and the social ties of the defendant seems to be clear. The defendant's social ties relation is not clear. However, the defendant committed the crime of this case again despite the fact that the defendant had a record of criminal punishment (such as two times of actual punishment and one time of suspended execution) for the same crime, despite the fact that the defendant committed the crime of this case, the defendant did not agree with the victim Young Communications, K, and M, and it seems that the damage was not recovered. Further, the defendant's age, character, environment, motive, means, and consequence of the crime, various sentencing conditions provided in Article 51 of the Criminal Act, including the defendant's age, character and behavior, the scope of recommended sentences according to the sentencing guidelines set by the Sentencing Committee, and the circumstances before and after the crime, etc., which are evaluated to have exceeded the reasonable limits of discretion of sentencing determination, and the court below's determination of sentencing is not justified (see Supreme Court en banc Decision 20136.

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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