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(영문) 창원지방법원 2017.08.24 2017노1105
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of probation, two years of probation, observation of protection, and 80 hours of community service in October) is deemed to be too uneasy and unfair.

2. We examine the judgment, the fact that the defendant is against the defendant's wrong recognition, the total amount of damage caused by each of the crimes of this case is not much much than 20 million won, and the case of larceny committed during the crime of this case is a favorable sentencing ground that the defendant has no criminal record exceeding the same criminal record or fine, and the number of the crimes committed by the defendant is large, and that the victims have not recovered from damage is a disadvantageous sentencing ground.

In full view of all the above sentencing factors, the Defendant’s age, sex, career, family relation, economic situation, background and motive leading up to the commission of the crime, circumstances after the commission of the crime, and other matters on the sentencing indicated in the records and arguments on the change of the circumstances, the judgment below’s punishment is deemed appropriate, and the prosecutor’s assertion is without merit, since there is no change of circumstances to be considered in the trial.

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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