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(영문) 대전지방법원 2016.02.17 2015노2533

사기

Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (amounting to KRW 3,000,000) is too uneased and unreasonable.

2. The damages caused by the instant crime amounting to KRW 15,750,000, and the liability for the instant crime is not less than that against the disadvantage of the Defendant, and the fact that the Defendant has been punished several times as a type of crime, etc.

However, there are extenuating circumstances, such as the fact that the defendant is pening and reflecting his mistake in depth, the fact that the amount of damage was paid to the victim D, the fact that there was no record of punishment for the same kind of crime, etc. In full view of all kinds of sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unjustifiable enough to reverse and unfair.

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