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(영문) 인천지방법원 2017.08.11 2016노4928
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (1.5 million won in penalty) against the Defendant on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. In light of the fact that there are many criminal records of the same kind of law for the accused, there is a need to strictly punish the accused.

However, considering the Defendant’s recognition of the instant crime, the degree of damage is minor, and the damage recovery was done as soon as possible, as well as other circumstances that form elements of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, occupation, sex, sex, environment, family relationship, motive, circumstance after the commission of the crime, etc., the prosecutor’s improper assertion of sentencing is not acceptable.

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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