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(영문) 창원지방법원 2017.04.27 2016노3261
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in six months of imprisonment) is unreasonable because it is too unfasible.

2. The conclusion of the judgment follows: (a) the Defendant recognized and reflected his mistake; (b) paid part of the amount of damage to the victims; and (c) the primary offender paid out the remainder; and (d) the primary offender is a favorable sentencing ground; (b) the victims are many victims due to the instant crime; and (c) the victims have not been fully recovered; and (d) the victims’ damage has not been fully recovered.

The Prosecutor’s assertion is without merit, on the ground that the lower court’s punishment is reasonable, in full view of the following: (a) the Defendant’s age, sexual conduct, career, family relation, economic situation, background and motive leading up to the commission of an offense; (b) circumstances after the commission of an offense; and (c) other matters regarding the sentencing as indicated in the records and arguments on changes

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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