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(영문) 대전지방법원 2016.03.24 2015노2612

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment against the Defendant (a prison term of six months, a suspended sentence of two years, a observation of protection, and a community service order of 40 hours) is deemed unreasonable.

2. The judgment that the defendant did not agree with the victims is unfavorable to the defendant, or when considering the circumstances such as the defendant's failure to agree with the victims, the confession of the crime of this case and his mistake are divided, the defendant did not have any record of crime exceeding the same kind and fine prior to the crime of this case, the defendant paid 50,000 won to the victim D, 260,000 won to the victim F, and 880,000 won to the victim H in order to recover the victims' damage, and the defendant is expected to be able to improve his personality and behavior in the future as yet young age, the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing guidelines established by the Supreme Court, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, motive, means and consequence, and the circumstances after the crime, the prosecutor's improper allegation in the sentencing of the prosecutor is not justified.

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

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