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(영문) 광주지방법원 2018.05.17 2017노3163
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The appellate court’s sentence (six months of imprisonment, two years of suspended execution, and 80 hours of community service) is deemed to be too unhued and unreasonable.

2. Determination of the Defendant’s fraud crime of this case is that the Defendant’s fraud amounting to KRW 33.6 million is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes the crime and reflects the defendant, there is no record of criminal punishment exceeding the punishment and fine for the same crime, and the fact that the victim does not want the punishment for the defendant is favorable.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

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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