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(영문) 서울북부지방법원 2016.05.27 2015노2021
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The Defendant paid a total of KRW 2.4 million to the victim before filing an appeal. In the appellate trial, the Defendant paid a total of KRW 1.8 million to the victim, and the account recipient is also a victim, and there is also a case where he/she is a parent of the victim.

In light of all the circumstances asserted by the prosecutor on the grounds of appeal, the lower court’s sentence taking into account the equity in the case where a judgment is rendered simultaneously with the same type of fraud as the final judgment is rendered cannot be deemed unfair, even if it is deemed that the lower court’s sentence is unreasonable.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

3. If so, the Prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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