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(영문) 의정부지방법원 2020.02.06 2018노3571

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal and the sentencing (the original court shall be punished by imprisonment with prison labor for up to eight months and by a suspended sentence of two years);

2. The fact that the amount acquired by the accused is not small, that there was no damage for a considerable period after the crime of this case (the occurrence of the crime of this case around May 16, 2016) and that there was a record of punishment for the same crime, etc. are disadvantageous to the accused.

However, considering the favorable circumstances, such as the fact that the defendant confessions the crime, there is no other criminal records for the last ten years, that the amount of the defraudeds is repaid at the latest after the lapse of the trial, and that the victim does not want the punishment of the defendant by agreement with the victim, and the sentencing factors prescribed in Article 51 of the Criminal Act are considered in full, it is not determined that the punishment sentenced by the court below is too unjustifiable and unfair.

Therefore, the prosecutor does not accept the prosecutor's allegation of unfair sentencing.

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