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(영문) 대구지방법원 2014.11.07 2014노2803
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two years of imprisonment) 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, there are cases where: (a) the sum of the damage amount in the instant case reaches KRW 186 million; (b) there is no active effort to recover damage up to the trial; (c) the victim F who lost almost all the property due to the Defendant’s criminal act wishes to punish the Defendant solely; and (d) there are a number of criminal records (one imprisonment, one time suspension of execution of imprisonment, one time suspension of execution of imprisonment, and five times) resulting from the same criminal act.

On the other hand, it is a favorable circumstance that the actual amount of damage is less than KRW 186 million, such as the fact that the defendant led to the confession of the crime and reflects the mistake, and the victim F was supplied the victim Q, and the damage equivalent to KRW 24 million was recovered for the victim Q, etc.

In addition, considering all the sentencing conditions, such as the character and conduct, environment, criminal records, and circumstances after the crime of the defendant, since the court below's punishment is too heavy or unreasonable, each of the above arguments by the defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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