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(영문) 창원지방법원 2019.05.15 2018노2065
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) of the lower court is too unfilled and unreasonable.

2. The lower court rendered a sentence by taking account of the following factors: (a) the Defendant’s recognition of the crime, the amount of damage is relatively small, the amount of damage is recovered in full; (b) the Defendant was punished several times in the same manner as the instant case; (c) the Defendant committed another crime during the period of repeated crime even if he/she was punished several times in favor of his/her economic difficulty and health; and (d) the Defendant appears to have fled during the trial; and (c) other factors of sentencing as indicated in the instant records and pleadings, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) the circumstances

The grounds for unfair sentencing alleged by the prosecutor appear to be the circumstances in which the lower court determined the Defendant’s punishment, and there are no other circumstances to deem that the above sentencing conditions have changed, and the lower court’s punishment is reasonable within the reasonable scope of its discretion, considering the above sentencing conditions.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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