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(영문) 서울동부지방법원 2016.04.01 2015노1676

사기

Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal is that the defendant's crime of this case was committed in the past 16 times with the history of punishing the defendant as a person without prison labor, and the defendant's crime of this case was committed in the past, such as ordering the defendant to take alcohol above the amount of money that the defendant had from the beginning and drinking, and taking a bath to the baby that he had the intention to do so. In light of the defendant's like power and the nature of the crime, etc., the sentence of the court below that sentenced the defendant (4 months of imprisonment, 1 year of suspension of execution, observation of protection, community service 40 hours) is unfair because it is too unfasible.

In full view of the aforementioned circumstances as asserted by the Prosecutor, as well as the fact that the Defendant paid the amount of damage to the Defendant’s side and agreed smoothly with the victim, and other circumstances that are conditions for sentencing, such as the Defendant’s age and environment, the sentence of the lower court cannot be deemed unfair because it is too unfasible.

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.