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(영문) 서울동부지방법원 2020.11.19 2020노1138
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year of imprisonment) is too unfied and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant deceivings the elderly victim and defrauds the 27,090,000 won in total over 35 times, and the nature of the crime is not very good. The defendant committed the crime of this case even though he had been punished several times for the same crime, and he did not reach an agreement with the victim.

On the other hand, the fact that the defendant recognized the crime of this case and reflected it is favorable to the defendant.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing is without merit

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.

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