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(영문) 광주지방법원 2019.09.25 2019노461

사기

Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In light of the circumstances properly explained by the court below in the reasons for sentencing, including the defendant's age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentencing conditions as shown in the arguments of this case are considered. The defendant has no power to commit the same kind of crime or the crime exceeding the fine, the full repayment of the amount of damage, and the fact that there is no particular change in the sentencing conditions in the court below compared with the original judgment, the court below's punishment is too unreasonable, and thus, the prosecutor's assertion

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.