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(영문) 서울중앙지방법원 2015.10.16 2015노3161

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) of the first instance court is too unhued and unreasonable;

2. The Defendant is going against the wrongness while attempting to commit a crime.

Since the amount of damage is not so significant and completely recovered, the victim does not want to punish the defendant.

There is a history of punishment for the same crime, but before 1999.

In addition, in full view of the defendant's age, character and conduct, environment, details and contents of the crime, the circumstances after the crime, and all the sentencing conditions shown in the arguments, the first instance sentence is too unfortunate and unfair.

The prosecutor's assertion is without merit.

3. As such, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is reasonable.