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(영문) 의정부지방법원 2016.07.15 2015노3189

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence for eight months of imprisonment, two years of suspended sentence, and 120 hours of community service order) is too unfford and unreasonable.

2. We examine the reasoning of appeal. The defendant's crime of this case, such as taking the victim's career and economic ability at a private school meeting, and taking the money under the name of various divisions and business operation expenses, etc. from the volume of the flag to the flag, etc., is not less than the nature of the crime in light of the contents and methods of the crime. The damage amount of the crime of this case is more than 22750,00 won, and there are records of having been punished several times due to the same kind of crime, etc., which are disadvantageous to the defendant.

However, in full view of the fact that the defendant recognized the facts of the crime of this case and expressed in depth against his mistake, the fact that the defendant agreed in depth with the victim for the same and similar cases, the balance of the general amounts of punishment in the same and similar cases, the defendant's age, sex conduct, intelligence and environment, motive and background of the crime of this case, means and consequence of the crime of this case, circumstances after the crime of this case, criminal records, family relations, economic circumstances, etc., the prosecutor's assertion is without merit, since the defendant's punishment imposed by the court below is not recognized to be unfair since it is adequate and excessive.

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.