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(영문) 광주지방법원 2016.11.23 2016노1642

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence for six months of imprisonment) is too unhued and unreasonable.

2. The victim did not recover from damage and had a same criminal record.

However, in full view of the following: (a) the principle of equity in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act with the final and conclusive judgment rendered by the lower court; (b) there is no record of criminal punishment after 2010; and (c) other various sentencing conditions specified in the argument of the instant case, such as the background of the instant crime; (b) circumstances after the instant crime; and (c) the Defendant’s age, character and conduct, and environment, the lower court’s punishment is too una

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