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(영문) 서울서부지방법원 2016.05.19 2015노1957
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 (20 million won in penalty) is too unhued and unreasonable.

2. The judgment of the court below was determined in consideration of all the following circumstances, and there was no change in circumstances in the past.

In addition, when considering various sentencing conditions shown in the records and arguments, such as the background and means of the crime, the circumstances after the crime, the defendant's career, and the environment, the sentence of the court below cannot be deemed unfair because it is too unfasible.

Criminal records of the defendant and each of the crimes of this case are not the same crimes.

The defendant completely recovered from damage and agreed with the victim, and the victim does not want to be punished against the defendant.

Defendant would not repeat the Defendant’s mistake again, against his own mistake.

There are many things.

3. In conclusion, the prosecutor’s appeal is without merit, and it is so decided as per Disposition under Article 364(4) of the Criminal Procedure Act.

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