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(영문) 광주지방법원 2018.10.10 2018노1211

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (for four months of imprisonment and one year of suspended execution) is too unfluent and unfair.

2. In full view of the circumstances that are unfavorable to the Defendant, such as the following: (a) the extent of damage is small and the extent of damage is not small and the complete recovery of damage is not performed; (b) the Defendant recognized the instant crime and reflects the Defendant; (c) the victim expressed his intention to punish the victim; (d) the victim discharged the total of KRW 5.3 million to the victim at the time of the trial; and (e) the first offender who has no record of criminal punishment, etc., the lower court’s sentence is too uneasible and is not deemed unfair, and thus, the Prosecutor’s aforementioned

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 appeal is without merit. It is so decided as per Disposition.