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(영문) 광주지방법원 2016.09.27 2015노3450
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (amounting to five million won) is unfair because it is too uneasy and unfair (the prosecutor expressed his opinion that the Defendant must be punished by imprisonment for eight months). 2. In full view of all the sentencing conditions in the instant case, including the Defendant’s age, sex, environment, motive and means of crime, and consequence, including the fact that the Defendant fully repaid the loan and agreed to obtain the loan from the Defendant, and the total amount of damage was not large by deceiving the victim, the Defendant’s age, sexual behavior, environment, motive and means of crime, and consequence, etc., the sentence imposed by the lower court against the Defendant cannot be deemed as unfair because the sentence imposed by the Defendant is too uneasy.

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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