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(영문) 광주지방법원 2016.10.13 2015노2988

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that of the lower court’s penalty of KRW 4,00,000 (a fine of KRW 4,000) is too unhued and unreasonable.

2. The fact that the judgment defendant has a record of being punished several times for the same crime, in particular, that the defendant committed the crime of this case during the period of repeated crime for the same crime, and that the amount of defraudation exceeds KRW 16 million is disadvantageous to the defendant.

On the other hand, the following conditions are favorable.

Defendant reflects the instant crime.

In the original judgment, the victim does not want the punishment of the defendant by mutual consent with the victim.

The equity between the judgment of the court below and the judgment of the court below shall be taken into consideration.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, the 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 as it is without merit. It is so decided as per Disposition.