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(영문) 대전지방법원 2016.12.07 2016노1773

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one million won of a fine) is too unhued and unreasonable.

2. According to the circumstances such as the fact that the Defendant had been punished more than twice due to the crime of the same kind of law, and the Defendant committed the crime of this case during the period of repeated crime, it is reasonable to punish the Defendant strictly.

However, it is also recognized that the amount acquired by the defendant is somewhat small as KRW 9,00,00, the full recovery of the damage, and the fact that all of the crimes of this case are committed by the defendant.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, there is no special change of circumstances that make the lower court and the punishment different from the circumstances after the crime, the lower court’s punishment is too unjustifiable and unreasonable.

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.