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(영문) 대전고등법원 (청주) 2016.09.22 2016노91
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment and four years of suspended sentence) is deemed to be too uneasy and unfair.

2. The crime of this case was committed by the Defendant, as if the Defendant were to pay the victims a large amount of investment profit or interest, and, in light of the method of crime and the scale of the amount of damage, the criminal intent of this case is heavy.

However, when the defendant was in the first instance, the defendant shows both the time and reflect on the crime of this case.

The defendant seems to have made a serious effort to recover the victims' damage, and the victims are not punished by the defendant in the investigative agency or the court of original instance by mutual consent between the victims.

Prior to the instant case, the Defendant had no record of having been punished by a fine of different types, as well as by a suspended sentence or heavier.

In full view of the above circumstances and the criminal defendant’s age, family relations, sex, environment, and circumstances before and after the commission of the crime, even considering the circumstances cited by the prosecutor in the grounds of appeal, the lower court’s punishment is too uneasible and 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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