beta
(영문) 광주지방법원 2017.06.08 2016노2528

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in the month of imprisonment with prison labor) is unreasonable because it is too unfasible.

2. The fact that the amount acquired by the accused is about KRW 67 million is unfavorable to the accused, but the fact that the accused has agreed with the victim in an original manner, and that he/she is aware of his/her mistake and reflects it is favorable to the accused.

In this context, equity should be taken into account when the judgment was rendered simultaneously with the crime first head of the judgment of the court below, which is in the relationship of concurrent crimes after Article 37 of the Criminal Code, and other circumstances revealed in the arguments in this case, such as the defendant's age, sex, environment, motive and consequence of the crime, etc., if it is taken into account equally, it is not recognized that the sentence of the court below is too uneasible and unfair. Thus, the prosecutor's assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

참조조문