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(영문) 서울남부지방법원 2019.10.10 2019노1203
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and one year and six months) imposed by the lower court is deemed to be too unhued and unfair.

2. There are no new circumstances or changes in circumstances that can be reflected in the sentencing after the court below sentenced the judgment.

In full view of all the circumstances that are the sentencing conditions appearing in the records and arguments of the instant case, including the nature of the instant crime (scam) and the degree of the participation of the Defendant in the instant crime and the degree of damage (the amount of damage was arrested immediately after the commission of the crime) and the Defendant’s age, character and conduct, environment, relationship with the victim, motive means and consequence of the instant crime, the circumstances after the commission of the crime, etc., the lower court’s sentencing does not seem to be too minor beyond the reasonable discretion.

The prosecutor’s assertion of unfair sentencing is not acceptable.

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

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