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(영문) 광주지방법원 2016.11.16 2016노1492
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence for one year of imprisonment) is too unhutiled and unfair.

2. Each of the instant crimes committed by the Defendant is an unfavorable circumstance, such as the fact that the Defendant, by means of the so-called “China” fraud method, acquired the proceeds of the sale of goods from the victims, and infringed upon a residence at night, and stolen property, and the nature of the crime is not good.

On the other hand, it is advantageous to the fact that the defendant properly recognizes his mistake and reflects his mistake, that the defendant has no particular criminal record except that he was sentenced to a fine once in 2008, and that the defendant paid the amount of damage to some of the victims.

In addition, in full view of the circumstances of the instant crime, circumstances after the instant crime, Defendant’s age, character and conduct, environment, etc., as well as the application of sentencing guidelines by the Sentencing Committee, it is not recognized that the sentence imposed by the lower court is too unreasonable, and thus, the Prosecutor’s assertion 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. It is so decided as per Disposition.

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