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(영문) 광주지방법원 2017.07.06 2016노3634

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of one year and four months of imprisonment, one year of observation of protection, and one hundred and twenty hours of community service) is deemed to be too uneasy and unfair.

2. In light of the fact that the Defendant did not have any history of punishment for the same crime, and there is no history of crime exceeding fines, that the Defendant agreed with the victims other than the victim J, that the full amount of damage was deposited by the victimJ, that the Defendant was fully aware of and against the Defendant’s mistake, and that the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and other circumstances shown in the instant argument, such as the Defendant’s age, sexual behavior, environment, motive and consequence of the crime, the circumstance after the crime, etc., the Prosecutor’s assertion is rejected, and thus, it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.