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(영문) 광주지방법원 2016.12.15 2016노937 (1)
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (four months of imprisonment and three years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The judgment that the Defendant committed the instant crime against multiple insurance companies, and that the amount of damage caused by the instant crime was not significant, and that was not completely recovered until now is disadvantageous to the Defendant.

On the other hand, the following conditions are favorable.

The defendant reflects his fault.

The defendant does not seem to have led to the crime of this case.

There is no record that the defendant has been punished for the same crime beyond the punishment and fine.

In addition, considering the circumstances leading to the instant crime, the method and scale of the commission of the crime, the circumstances after the crime, the Defendant’s age, character and conduct, environment, etc., as a whole, various sentencing conditions as shown in the instant records and arguments, the Prosecutor’s assertion is without merit.

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

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