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(영문) 창원지방법원 2016.01.27 2015노1132

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (3 million won in penalty) declared by the court below is too unfilled and unfair.

2. The judgment has the record of having been punished several times for the same crime, and there is no good quality of the crime. However, considering the favorable circumstances such as the confession and reflection of the defendant, the amount of damage, the defendant's agreement with the victim, and the fact that there is no special reason to change the sentencing after the decision of the court below, and other various sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, sexual behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., it cannot be deemed unfair since the punishment imposed by the court below is excessively unfeasible.

Therefore, the prosecutor's improper 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 appeal is without merit. It is so decided as per Disposition.