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(영문) 대구지방법원 2020.07.23 2019노3403
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The four-month 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 each other, if considering the following favorable circumstances: (a) the Defendant’s criminal liability for the instant crime, such as taking the victim’s 18 million won by deceiving the victim on several occasions; (b) the Defendant did not take any specific measures to recover from damage; (c) the Defendant recognized the instant facts charged; and (d) the Defendant did not have any criminal record exceeding the same kind of punishment or fine, other favorable circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of the instant crime, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion of unfair sentencing is without merit.

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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