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(영문) 서울중앙지방법원 2015.11.05 2015노3428

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the defendant (two months of imprisonment) is too unhued and unfair.

2. The judgment of the Defendant committed fraud against multiple victims, and the contents of the crime are not very good.

Moreover, there is an argument that there is a need for more strict punishment in that the damage has not yet been recovered at all, and that there is a need for more strict punishment in that the defendant did not make efforts to do so.

However, the defendant recognized his mistake and is in profoundly against himself.

In particular, the instant crime is in a concurrent relationship between fraud, etc. for which judgment has already become final and conclusive, and the latter part of Article 37 of the Criminal Act, taking into account the equity in cases where these crimes

In full view of all the circumstances, including these circumstances, including the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too uneasible and unreasonable.

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

참조조문