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(영문) 대전지방법원 2016.07.14 2015노4001

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one year of imprisonment and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. The defendant would offer a false lease deposit claim as security by forging a lease contract under the name of another person.

It is a situation that is disadvantageous to the defendant, such as the fact that it is not good to the nature of the crime due to the deception and the fact that the damage has not been fully recovered, and that the damaged person wants to punish the defendant.

However, given that damage appears to have been partially recovered, there is no history of any particular criminal punishment except that the defendant has been sentenced to a fine, and that the defendant raises a minor who is a minor, there is a favorable condition for the defendant, such as the defendant's age, sex, environment, motive, means and consequence, and all of the sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence, etc., it is not recognized that the sentence of the court below is too unfeasible and unfair.

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