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(영문) 대전지방법원 2015.12.02 2015노2044
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for not less than 10 months and 2 years of suspended execution, fines for 300,00 won, probation, community service, etc.) that the court below sentenced against the defendant is too uneasible and unfair.

2. The defendant, by deceiving a number of victims on the Internet, stolen money from the Internet, and stolen money to another person's things. The fact that the crime is not good, the damage caused by fraud is not recovered, and the fact that there is a record of fine due to the same crime is disadvantageous to the defendant.

However, the fact that the defendant led to the crime of this case and reflects his mistake, that the amount of defraudation is relatively small, that the thief was returned to the victim, and that there was no criminal record of the suspended execution or more is favorable to the defendant.

Considering the above circumstances and motive leading to the instant crime, the circumstances after the commission of the crime, the age of the accused, character and conduct, family relationship, environment, occupation, etc., there is no change in circumstances to determine the punishment differently from the original judgment, and the scope of the recommended sentencing guidelines for the enactment of the Sentencing Commission [the scope of recommending punishment] general fraud in the basic area (a period of less than KRW 100 million between June and January 6) (a period of less than KRW 100 million), the basic area of larceny [a period of recommending punishment] in a case where a person is either for an unspecified or large number of victims, or repeatedly commits a crime for a considerable period of time [a period of punishment] in the basic area of larceny [a period of recommending punishment] [a period of six months to one year and six months) [a period of imprisonment] in accordance with the basic area of punishment for general property [a period of one year and six months] [a period of imprisonment with prison labor]] in the final sentencing guidelines for a multiple number of criminal processing standards without a special offender: the scope of imprisonment with prison labor between June and February 2.

3. In conclusion, the prosecutor's appeal is without merit and it is in accordance with Article 364 (4) of the Criminal Procedure Act.

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