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(영문) 서울고등법원 2017.09.27 2017노2421
영리유인등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order 120 hours) is too uneasy and unreasonable.

2. 판단 이 사건 각 범행은 피고인이 피해자 명의로 대출을 받아 대출금 중 일부를 가로챌 목적으로 피해자에게 대출을 받아 주겠다고

In addition, it is not desirable to commit a crime in consideration of the contents of the crime and the method of taking into account that the victim has induced the victim in order to avoid receiving the loan, and that the victim forced to borrow a defect and threatened the victim with the intention of not receiving the loan.

On the other hand, the Defendant had no criminal record exceeding the fine until the time of committing the crime with the early 20th young age, and the Defendant recognized all the crimes of this case and against his mistake, and the Defendant did not obtain any particular benefit from the crime, and the victim did not want the punishment against the Defendant. On April 13, 2017, the Defendant appealed from the Seoul Southern District Court sentenced one year of imprisonment with prison labor at the Seoul Southern District Court on the grounds of fraud, but withdrawn the appeal on August 10, 2017, and the decision became final and conclusive on the same day. Each of the crimes of this case is in a concurrent relationship between the above crimes for which the judgment became final and the latter part of Article 37 of the Criminal Act, and thus, the equity between the case and the case should be considered at the same time, may be considered as favorable to the Defendant.

In full view of these circumstances, Defendant’s character and behavior, environment, and motive and circumstance of the crime, all the sentencing conditions shown in the instant pleadings, the sentence imposed by the lower court is too uneasible and unreasonable.

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.

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