beta
(영문) 울산지방법원 2016.10.27 2016노1142

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for six months of imprisonment, and one hundred and twenty hours of community service) declared by the court below is deemed to be too uneasy and unfair.

2. In light of the content, circumstances, frequency, etc. of each of the instant crimes, the nature of the instant crimes is not less than that of the crime, and some of the instant crimes are punished by a fine for the same kind of crime, and it is necessary to impose strict liability on the Defendant in that it still did not recover from damage.

However, considering the following as a whole: (a) the Defendant’s mistake is recognized and against the Defendant; (b) the individual damage scale is relatively small; (c) the Defendant has no criminal records of probation or heavier; and (d) the Defendant’s age, character and conduct and environment, and various conditions of sentencing specified in the oral argument, including the Defendant’s age, character and conduct, and circumstances after committing the crime; and (b) the scope of the recommended punishment according to the sentencing guidelines of the Sentencing Commission (one to one year and six months), the sentence imposed by the

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.