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(영문) 춘천지방법원 강릉지원 2016.10.20 2016노339

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor and two years of suspended sentence for one year) by the lower court is too unfased and unreasonable.

2. The crime of this case is committed by the Defendant using his personal trust relationship with the victims, which is not good in the nature of the crime, the total amount of profits acquired from the crime of this case is not much significant, the damage has not yet been recovered, and the Defendant has been punished for the same kind of crime.

On the other hand, considering the fact that the Defendant recognized all of the instant crimes, the Defendant’s health condition is considerably poor, and other various circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unreasonable as it is too unreasonable.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of 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.