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(영문) 부산지방법원 2017.06.16 2017노370

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order 200 hours) is too uneased and unreasonable.

2. The circumstances are disadvantageous to the Defendant, such as the fact that a crime has been committed repeatedly and systematically against many unspecified victims, with heavy liability for the crime, and the fact that the amount of damage has not been repaid despite considerable amount of damage.

However, there is a possibility of edification and improvement as the young age of 19 years old, that all crimes are recognized, against whom criminal punishment is imposed, and that there is no record of criminal punishment, and that the defendant is still older than 19 years old.

In full view of the favorable circumstances such as the appearance of the Defendant, and other favorable conditions of sentencing, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it is difficult to deem the lower court’s punishment to be too uneasible

Therefore, the prosecutor's above argument of sentencing is without merit.

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