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(영문) 서울북부지방법원 2016.06.24 2016노276
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment sentenced by the original court (eight months of imprisonment, two years of suspended execution, two years of community service, two hundred hours of time) shall be too unhued and unreasonable;

2. The amount of damage caused by the instant crime reaches KRW 18 million, and considering the circumstances in which the Defendant was unable to recover, in light of the fact that the Defendant did not seem to have led the instant crime and was partially limited to the profits acquired by the Defendant, and the circumstances in which the Defendant did not have the same history and has family members to support, the lower court’s sentencing is within the reasonable scope of discretion.

In addition, there is no change in sentencing conditions that can be newly considered in the trial.

Therefore, it is not recognized that the sentence of the judgment below is too unfasible because it is too unfasible.

3. Accordingly, 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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