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(영문) 광주지방법원 2016.07.12 2016노1304

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment) of the lower court is too unfilled and unfair (the prosecutor expressed his opinion that the Defendant shall be punished by imprisonment with prison labor for a period of one year and six months). 2. The judgment of the lower court was made on the grounds that the Defendant was punished for the same kind of crime, and that the Defendant did not reach three months after the discharge, thereby starting the instant crime.

However, it is a relatively small amount of money that the defendant committed contingent crimes, the amount acquired by fraud is 290,000 won, and the amount stolen is 20,000 won.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence against the Defendant should be too uneased and reversed.

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