beta
(영문) 의정부지방법원 2019.07.19 2018노2595

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (ten months of imprisonment, two years of suspended execution, and confiscation) is too unhued and unreasonable.

2. The judgment of the court below is an organized crime that leads to an unspecified number of victims and is of significant harm to society, and the defendant committed the crime of this case with the clear recognition that he was involved in the singing crime, etc., which is unfavorable to the defendant, or is against the defendant's recognition of the crime of this case, the defendant's age is 19 years old, the defendant's age is only 19 years old, the defendant paid the total amount of damages to the victim, and the victim agreed with the victim after the full repayment of the amount of damages to the victim. In light of the sentencing conditions shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below against the defendant cannot be deemed unfair because it is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

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