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(영문) 광주지방법원 2018.10.11 2018노1196
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment) is too unhued and unreasonable.

2. The fact that the defendant had been punished several times for the same crime, and that the defendant again committed the crime of this case during the period of repeated crime due to the same crime, and that the victim did not recover from damage is disadvantageous to the defendant.

On the other hand, the fact that the defendant reflects the crime, and that the amount of fraud of the crime of this case is not much about 2.4 million won, are favorable circumstances.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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