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(영문) 광주지방법원 2018.09.20 2018노908
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. Each of the instant crimes is an unfavorable circumstance, where the Defendant actively mobilized the method of preparing the document and acquired the document KRW 30 million from the damaged person, and the nature of the crime is not less and less than that of the crime in light of the relevant method and the amount of damage, and the fact that the considerable part of the damaged amount has not been recovered, etc.

On the other hand, the defendant seems to have committed the crime of this case with willful negligence, the victim's act of deception is relatively minor, part of the amount of damage has been repaid, and there is no record of criminal punishment against the defendant in return for the continuous supply of alcoholic beverages as the supplier of alcoholic beverages.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, family relationship, and motive for committing the crime, various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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