beta
(영문) 대전지방법원 2016.03.24 2015노2572

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the court below’s sentence (in 8 months of imprisonment and 2 years of suspended sentence) is deemed to be too uneasy and unfair.

2. The judgment of the defendant is an unfavorable circumstance to the defendant, where the defendant acquired money by deception and acquired it by deception using the victim's trust, and the crime is not good.

However, the Defendant has recovered from the victim’s damage. In fact, it is not recognized that the sentence of the lower court is too unreasonable in view of all the sentencing conditions, including the following: (a) the Defendant has consistently repaid a certain amount to the victim before and after the pronouncement of the first instance judgment; (b) the Defendant has no record of having been punished for the same kind of crime; (c) there is no record of criminal punishment exceeding the fine since 1994; (d) the Defendants’ age, sex behavior, environment, motive, means and consequence of the crime; and (e) other all the sentencing conditions, including the following circumstances.

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.