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(영문) 광주지방법원 2019.11.21 2019노1000
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (fines 8,00,000) is too unhued and unreasonable.

2. The judgment of the Defendant committed the instant crime again during the period of repeated crime after having been sentenced to punishment for the same crime, and the fact that the amount of damage to gambling is not significant is disadvantageous.

On the other hand, it is advantageous to the fact that the defendant reflects his mistake, that the defendant seems to have lived without being involved in a crime for more than five years other than the crime of the same kind of crime in 2013 after the occurrence of the case, that the defendant's summary order of KRW 5 million was issued and confirmed as a fine was issued for the same crime in 2013, and that all the accomplices who participated in the gambling of fraud were indicted and sentenced to a fine became final and conclusive.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the Prosecutor’s assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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