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(영문) 부산지방법원 2017.05.26 2017노688
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (three years of imprisonment with prison labor for a year) is too unhutiled and unfair.

2. It is recognized that the judgment of the accused is a large amount of money that exceeds KRW 100 million, such as a fine, suspension of execution, punishment of a sentence, and fraud.

However, considering all the conditions and the scope of the sentencing guidelines set forth in the argument of this case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the instant crime, etc., and the sentencing guidelines set forth by the sentencing committee of the Supreme Court, the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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