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(영문) 광주지방법원 2016.10.19 2016노862
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years and six months of imprisonment, four years of suspended execution, one hundred and sixty hours of community service) is too unhued and unreasonable;

2. The offense is not good such as withdrawing or borrowing money in excess of KRW 200,000 after the Defendant abused the trust of the persons working in the bank.

On the other hand, the defendant recognized his mistake as a whole and runs counter to his depth.

The full amount of damage was repaid.

There is no criminal conviction or fine exceeding the same criminal record or fine for the defendant.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and the environment, etc., the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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