beta
(영문) 수원지방법원 2018.11.05 2018노4146

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Although the sum of the amount of the judgment obtained by the Defendant is not so much, considering the circumstances favorable to the Defendant, such as the fact that there is no change of circumstances that could add the punishment of the lower court in the first instance trial, and other various sentencing conditions indicated in the records and arguments, such as the Defendant’s age, sex, environment, motive and circumstance of the crime, means and consequence of the crime, etc., the lower court’s punishment is deemed reasonable, and it cannot be deemed unfair because it is too unreasonable, given that the Defendant’s punishment is deemed reasonable, and the victim’s recovery of money equivalent to the principal out of the amount of the borrowed money, and there is no history of criminal punishment, in addition to the punishment imposed once by the crime of this paper.

The prosecutor's improper argument in sentencing is without merit.

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.