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(영문) 대전지방법원 2015.11.12 2015노2790

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, suspension of execution for three years, forfeiture) of the lower court against the Defendants is deemed to be too uneasible and unfair.

2. The crime of this case was committed by the Defendants, in a systematic manner, by taking part in the crime, such as the so-called strike, which causes damage to many unspecified victims, and thus requires strict punishment due to the high possibility of social criticism.

However, it appears that the Defendants were divided into one’s mistake in mind, and there is no record of punishment in Korea for the Defendants, and the profits acquired by the Defendants without the period of participation in the instant crime appears to be not significant. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, including the Defendants’ age, character and conduct, environment, motive for the crime, means and consequence, and circumstances after the crime, it cannot be deemed that the lower court’s punishment against the Defendants is too uneasible and unreasonable. Thus, the Prosecutor’s assertion of unfair sentencing against the Defendants is without merit.

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