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(영문) 광주지방법원 2016.11.16 2016노1535

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. Although the defendant was under probation, he/she committed the instant crime repeatedly against many victims.

However, the defendant recognizes his mistake and reflects his mistake.

The amount of damage caused by the crime of this case is relatively small and the father of the defendant seems to have recovered considerably from the victims.

There is no criminal record for the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the Prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and unreasonable.

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

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “Article 35 of the Criminal Act” in the term “the pertinent Article of the Criminal Act and the choice of punishment against a criminal fact” in the application of the judgment of the court below ex officio is obvious that it is a clerical error under Article 352 of the Criminal Act, and thus