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(영문) 서울중앙지방법원 2017.04.27 2017노868

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and two months of imprisonment) on the gist of the grounds of appeal is deemed to be too unhued and unfair as it deviates from the sentencing criteria.

2. In full view of all the factors favorable or unfavorable to the defendant as stated by the court below, and all of the sentencing conditions shown in the records of this case, including the defendant's age, sex, family relation, environment, and circumstances before and after the crime, the sentence of the court below seems to be appropriate.

In addition, when there are concurrent crimes subject to the sentencing criteria set and the latter part of Article 37 of the Criminal Code, the sentencing criteria do not apply.

Therefore, the prosecutor's assertion pointing out the violation of the sentencing criteria is without merit.

3. In conclusion, the prosecutor's appeal is dismissed as it is without merit.