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(영문) 청주지방법원 2019.05.24 2019노369
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. Determination of the total amount of damage caused by each of the instant crimes exceeds KRW 100 million, and damage recovery has not been made to the victims of relatively high-amount of damage, such as B, AF, I, etc., and the amount of installment loans that have not been repaid until the time of the crime of obstruction of exercise of rights in the judgment exceeds KRW 17 million, and the record of the crime was 15 times, etc. are disadvantageous.

On the other hand, there are favorable circumstances such as the fact that the defendant acknowledges and reflects the crime, the fact that there are no criminal records of the same kind except for the one-time fine, and that some victims have agreed with them.

In light of the above various circumstances, comprehensively taking into account the Defendant’s age, character and conduct, and environment, etc., the lower court’s punishment cannot be deemed to be excessively light beyond the reasonable limit of discretion.

3. The prosecutor's appeal of conclusion is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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