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(영문) 광주지방법원 2015.10.28 2015노2112
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the first crime in the original judgment: imprisonment with prison labor for 2 months, and the second crime in the original judgment: imprisonment with prison labor for 10 months) of the lower court is deemed to be too uneasible and unfair.

2. The judgment of the court below was made several times of criminal records such as imprisonment of one year and six months in 2008, imprisonment of one year in 201, imprisonment of two years in 2013, and imprisonment of two years in 2013. In particular, in the case of the crime of Article 2 of the judgment of the court below, the defendant started again to commit the crime at 50,000 days after the discharge, and the defendant did not reach an agreement with the victims, but at the same time, recognized the defendant's mistake and reflects his mistake. In the case of the crime of Article 1 of the judgment of the court below, the balance between the first head of the judgment of the court below in which the crime of Article 37 of the Criminal Act is concurrent with that of the first head of the court below, should be considered. The defendant returned 2 million won to the victim D is favorable. In addition, considering the circumstances leading to the crime of this case, the circumstances after the crime of this case, the defendant's age, character and environment, etc., the prosecutor's allegation above is not justified.

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

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