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(영문) 광주지방법원 2016.04.06 2016노391
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the crime No. 1-A. as indicated in the judgment of the court below: Imprisonment with prison labor for 10 months and each crime of No. 2-6 as indicated in the judgment of the court below: Imprisonment with prison labor for 6 months) is too unhued and unfair.

2. The fact that the amount obtained by the defendant is not a large amount of money and is not agreed with many victims; the defendant committed the crime of this case even though he was under suspension of the execution due to the same crime; some crimes committed during the period when he was tried for the same kind of crime; however, the defendant recognized his mistake and reflects it; the victim N has returned part of money to the defendant; and the victim N has cancelled the complaint against the defendant; and the crime of subparagraphs 2 through 6 is in the relation of concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud, etc. which became final on April 25, 2015, and Article 37 of the Criminal Act are favorable circumstances. In full view of the circumstances leading up to the crime of this case, the circumstances after the crime of this case, the defendant's age, sexual behavior, environment, etc., the prosecutor's above assertion has no merit, and it is not recognized that the sentence of the court is unfair 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 on the grounds that the appeal is without merit. It is so decided as per Disposition.

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