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(영문) 대전지방법원 2016.04.21 2015노4071
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence against the Defendant (a prison term of six months, a suspended sentence of two years, and a community service order of 80 hours) is deemed unreasonable.

2. The crime of this case is a situation unfavorable to the Defendant, where the amount acquired by the Defendant was equivalent to KRW 36,300,000, and the case was not less than that of the Defendant.

However, in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, consequence, etc., that the Defendant deposited KRW 10,00 for the victim when the Defendant was in the trial, that there was no criminal history that was punished or exceeded the suspension of execution for the same kind of crime, and that there was no other criminal history of the Defendant’s age, sex, environment, motive, means, and consequence, it is deemed that the lower court’s sentence against the Defendant is too unfeas

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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