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(영문) 대전지방법원 2015.11.25 2015노2486
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year and two months of imprisonment, three years of suspended execution, three years of probation) is too uneased.

2. The fact that the defendant acquired the money through deception due to the instant crime is considerable, and that the considerable part of the money is not repaid, etc. is disadvantageous to the defendant.

On the other hand, the fact that the defendant is recognized as all of his own crimes and is against the defendant, the fact that the defendant does not want the punishment of the defendant, the defendant seems to have paid in installments the money acquired by the victim, and the fact that the defendant has no criminal records other than the punishment of the same crime, while there is no criminal records, etc. in favor of the defendant.

In light of the above circumstances and motive leading up to the instant crime, circumstances after the commission of the crime, age, character and conduct, family relation, environment, occupation, etc., the sentencing criteria of the Sentencing Committee of the Supreme Court (Recommendation range) shall be comprehensively taken into account, and the sentencing conditions as shown in the records and arguments, including records and arguments of the Defendant’s age, character and conduct, family relation, occupation, etc. / The sentencing criteria of the Sentencing Committee of the Supreme Court (Recommendation range) shall be set forth in types 2 (at least KRW 100 million, but less than KRW 500 million) and the mitigation area (one to two months): In cases where the mitigation element is not imposed, or damage was recovered from considerable part (general person): The mitigation element - Whether the use of personal trust relationship is suspended / (whether or not a general person is suspended) - The main reference factor is positive (affirmative) - The prosecutor’s assertion that the sentence of the court below is unreasonable because it is too unreasonable.

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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