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(영문) 광주지방법원 2015.07.22 2015노1198
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.

2. Although the extent of damage caused by the instant crime is to the extent of damage, there is no amount of damage caused by the Defendant’s recovery, the victim’s withdrawal of the penalty against the Defendant, etc. However, the victim’s non-legal motive (scambling intent) against the crime of fraud is likely to cause the crime, and the Defendant recognized his mistake and reflects it, and there is no record of criminal punishment. In full view of the circumstances leading to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment is not deemed to be unfair, and thus, the Prosecutor’s allegation 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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