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(영문) 의정부지방법원 2018.06.26 2017노1156
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (2 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. In the previous case, the Defendant was sentenced to a fine for the same kind of crime, and in the year 2016, the Defendant again committed a second offense during the grace period even though he was sentenced to a suspended sentence.

However, in full view of the fact that the Defendant appears to have recognized the crime, the amount of damage is a small amount, the victims do not want punishment against the Defendant (the documents submitted for repayment of the Defendant F), the Defendant appears to have been making his own efforts to undergo and not repeat again after having been admitted to the social rehabilitation facility and receiving training for the treatment of diseases and the prevention of recurrence, etc., and other sentencing conditions specified in the argument of this case, such as the Defendant’s age, sexual behavior, environment, family relationship, etc., the lower court’s punishment cannot be deemed as being too uneasible and unfair.

Therefore, the prosecutor's above assertion is not accepted.

3. 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. It is so decided as per Disposition.

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