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(영문) 대전지방법원 2016.09.08 2016노494
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment and four-year probation, probation, and community service order) of the lower court against the Defendant is too uneased and unreasonable.

2. The fact that the nature of the crime of this case is not good is that the defendant's punishment against the defendant, the defendant's confession of the crime of this case is against the defendant, the defendant has no record of criminal punishment, the social relation of the defendant is clear, the defendant's age can expect improvement of character and behavior as his age. In full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence, etc., the defendant's punishment against the defendant cannot be deemed unfair, and thus, the prosecutor's allegation of unfair sentencing 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.

(However, since the application of the law of the court below is obvious that the "order to attend a lecture" is a clerical error of the "order to provide community service", the court below's ex officio correction shall be made pursuant to Article 25 (1)

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