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(영문) 광주지방법원 2016.05.10 2015노607
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal is that the lower court’s punishment (a sum of three million won) is too unfilled and unfair (a prosecutor has expressed his opinion that he should be punished by imprisonment with prison labor for one year). The judgment of the lower court is recognized that the Defendant was punished several times for the same kind of crime, and that the Defendant committed a crime during the period of repeated crime of the same kind of crime.

However, the amount of damage is minor as 1.1 million won, and the defendant deposited 1.2 million won which is larger than the amount of damage to the victim.

In addition, in full view of various circumstances that form the conditions for sentencing as shown in the records and theories of this case, such as the Defendant’s age, sex, environment, motive and background of the crime, and circumstances after the crime, the lower court’s punishment is too unfeasible and unreasonable.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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