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(영문) 서울중앙지방법원 2017.01.12 2016노2739
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment and two years of suspended sentence) is too unfluent and unfair.

2. Determination is a large amount of damage caused by the instant fraud, and the fact that the damage was not recovered at all is disadvantageous to the Defendant.

However, it is difficult to readily conclude that the crime of this case is a crime by conclusive intentional intent, and in full view of the various circumstances, including the elderly age in 1927, the current brain disease, etc., the health of the defendant is bad to the extent that it is difficult to communicate with him due to her, and the defendant’s age, sexual behavior, environment, and the circumstances after the crime, etc., the punishment imposed by the court below is too uneasible and unreasonable.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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