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(영문) 창원지방법원 2019.01.09 2018노2372
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (the lower court’s punishment: a fine of KRW 5,00,000)

2. The lower court, under the circumstances unfavorable to the Defendant’s agreement with the victim or failure to receive a letter from the victim, determined a sentence by taking account of the circumstances favorable to the Defendant’s primary offender who has no record of the crime, and taking into account the Defendant’s age, character and conduct, environment, motive and means of the crime, circumstances after the crime, etc., and taking into account various sentencing conditions as shown in the records and arguments of this case, such as

The grounds for unfair sentencing (the status of the defendant, the method and frequency of crimes, the victim's additional damage and the intent of punishment, etc.) alleged by the prosecutor are shown to be the circumstances in which the court below already considered in determining the defendant's punishment, and there are no other circumstances to deem that the above sentencing conditions have changed, and considering the above sentencing conditions, the court below's punishment is deemed reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion 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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