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(영문) 대전지방법원 2016.04.28 2015노3066
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (for six months of imprisonment, two years of suspended sentence, and one hundred and sixty hours of community service order) is deemed to be too unfortunate and unfair.

2. Determination of the amount of damage to the instant crime exceeds KRW 20 million, the damage was not fully recovered, and the fact that the victim did not agree with the victim is disadvantageous to the Defendant.

However, the defendant's criminal intent seems to be close to the extent of dolusence, the compensation for part of the amount of damage, and the efforts are made to recover damage, and there are no criminal records against the victim. In full view of all the sentencing conditions, including the defendant's age, sex, environment, motive, means and consequence of the crime, etc., the sentence of the court below is too unreasonable and it is not recognized that the sentence of the court below is unfair.

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

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