beta
(영문) 인천지방법원 2015.10.22 2015노1802

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too uneased and unreasonable.

2. The judgment of the court below is not judged to be unfair by taking into account the following circumstances: the defendant, who is an employee of the victim, actively led the crime of this case, the nature and conduct of the crime of this case, the period of the crime is long, the number of crimes is high, the defendant acquired a considerable part of the profit derived from the crime of this case, the victim wanted to punish the defendant, the defendant's confession, the amount of the defendant's profit (70% amount of total damage) is deposited for the victim; the defendant was detained for a certain period of time due to this case, and the defendant has an opportunity to reflect; and other circumstances, such as the defendant's age, character and conduct, motive, means and method of the crime of this case, and the circumstances after the crime, etc., which are conditions for sentencing, are too unreasonable.

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