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(영문) 부산지방법원 2017.12.14 2017노3960
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) against the Defendant on the gist of the prosecutor’s appeal grounds is unreasonable.

2. The crime of this case, based on the judgment, by deceiving the victims even though the defendant did not have any intent or ability to repay the money, is recognized as a favorable condition to the defendant, such as the fact that the criminal liability is heavy in light of the content of the crime and the amount of the fraud, the defendant did not agree with the victim B and F, and the defendant had a record of punishment several times for the same crime.

However, it is reasonable to respect the defendant's confession of the crime of this case and reflects the defendant's mistake in depth, that the victim does not want criminal punishment against the defendant, that there is no record of crime exceeding the fine of the defendant, that our criminal litigation law adopting the trial-oriented principle and the principle of direct supervision has the unique area of the first deliberation as to the determination of sentencing, and that there is no change in the conditions of sentencing compared with the first instance court, and that the first instance judgment does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the above recognized defendant do not fall under any special change of circumstances that can change the sentence of the court below after the pronouncement of the judgment of the court below, and considering the circumstances such as the defendant's age, sexual behavior, environment, etc., the sentence against the defendant is too unfair, considering the circumstances that become the conditions of sentencing as shown in the argument of this case, and it does not seem unfair.

3. In conclusion, the prosecutor’s appeal is without merit. Thus, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Rules on Criminal Procedure, “victim E” of the second 8 conduct of the judgment below ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure is “victim D.”

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