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(영문) 대전지방법원 2016.05.26 2016노590

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is unfair as it is too unfasible.

2. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc., the Defendant’s punishment against the Defendant cannot be deemed unfair, and thus, the prosecutor’s improper assertion of sentencing is without merit. The prosecutor’s improper assertion of sentencing is not justified.

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.

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