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(영문) 대구지방법원 2017.07.07 2017노1881
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Each of the unfair sentencing arguments between the defendant and the prosecutor is examined together, and the defendant is found to be against the defendant's recognition of the crime of this case, and a part of the damage amount is repaid by the defendant and the distribution was made in the auction procedure, and a 1/3 of the damage amount is deemed to have been recovered, including four times of suspended sentence due to the same crime and the crimes committed at the same time, and the amount equivalent to the amount obtained by the defendant was used for gambling entertainment, and the defendant did not have any unfavorable effect on the victim and the defendant, and the circumstances that the defendant did not have any unfavorable effect on the defendant's family relation, etc.

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

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