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(영문) 창원지방법원 2016.06.23 2016노598
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unhued and unfair.

2. The instant crime was committed at the main point that the Defendant did not have an intent or ability to pay the drinking value, and through the provision of group 1 illness and group 1 illness, etc. through the victim’s service, and the nature of the crime is not good, and the Defendant has been punished more than ten times for the same crime. In particular, the instant crime was committed repeatedly on June 24, 2014 by a two-year suspended sentence on December 12, 2014, which was sentenced to a two-year suspended sentence due to fraud, etc. on December 24, 2014, and was sentenced to a two-month suspended sentence on March 26, 2015 and became final and conclusive on April 3, 2015, and was sentenced to a two-month suspended sentence on April 3, 2015, and became final and conclusive on April 26, 2015, and again committed the instant crime, despite the fact that the instant crime was committed again against the Defendant.

However, in full view of the various circumstances that are the conditions for sentencing in the records and arguments of this case, including the Defendant’s age, environment, sexual conduct, motive for the crime, and circumstances before and after the crime, the lower court’s punishment cannot be deemed unfair because it is too unreasonable, in light of the following: (a) the amount of damage is so large that the victim does not want the punishment of the Defendant by repaying the total amount of damage; and (b) the sentence of imprisonment with prison labor for the Defendant is somewhat harsh; and (c) the effect of the previous suspension of execution is somewhat harsh.

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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