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(영문) 서울중앙지방법원 2017.06.16 2017노1249
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The first deliberation type (4 million won in penalty) of the summary of the grounds for appeal (unfair sentencing) is too unfluent and unfair.

2. The Defendant recognized all of the instant crimes and repented.

The defendant seems to have committed the crime of this case to be committed in a difficult place, such as being detained in a criminal case, and there are circumstances to consider his motive.

The defendant paid part of the money to the victim and received a letter from the victim.

In full view of these circumstances, the Defendant’s age, sex, environment, health status, family relationship, motive, means, and consequence of the crime, and other circumstances revealed in the instant case, it is difficult to deem that the first deliberation sentence is too unfasible and unfair as it goes beyond the scope of discretion.

3. If so, the prosecutor's appeal 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.

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