beta
(영문) 광주지방법원 2014.08.28 2014노325

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, two years of probation, and one hundred and twenty hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. The judgment of the defendant has served seven times as a single crime, such as being subject to punishment of each fine on three occasions in 2009 as a crime of fraud, and has served ten times as a result of the violation of the Ship Personnel Act, such as being subject to punishment of each fine on two occasions in 2009.

However, considering the favorable circumstances, such as the fact that the Defendant appears to have recognized and reflected his mistake, that the Defendant agreed with the victim G, that the Defendant agreed with the spouse of the victim D who died at the time of the trial, that the amount acquired by the Defendant is relatively large, and that all of the sentencing conditions of the instant case, such as the Defendant’s age, character and conduct, environment, circumstances and result of the instant crime, etc., it is not recognized that the lower court’s punishment is too unreasonable, and thus, the prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

(However, Article 27 (2) of the Ship Personnel Act is clear that it is an error in Article 27 (2) of the Ship Personnel Act, and such error is corrected in accordance with Article 25 (1) of the Rules on Criminal Procedure.