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(영문) 서울중앙지방법원 2018.02.01 2017노4076
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (10 months of imprisonment) is too unhued and unreasonable.

2. The judgment below rendered a sentence of 10 months to the defendant, considering the circumstances favorable to the defendant, such as the fact that the scam, which is systematically and systematically conducted against many unspecified persons, amounts to a large number of victims and requires strict punishment, the amount of defraudation, the fact that the damage was not recovered, and the fact that the damage was not recovered, the defendant still has age, there is no criminal record, there is no criminal punishment, the period of participation in the crime, and the defendant tried to peruse the personal information of the damaged person to recover damage through the deposit of the crime, etc., but the defendant tried to peruse the personal information of the damaged person in order to recover damage through the deposit of the crime. However, the defendant did not want to do so and there was a circumstance that the defendant was unable to deposit the crime.

In light of the sentencing conditions acknowledged by the court below, since the sentencing of the court below seems to be within the reasonable scope of discretion, and there is no change in the sentencing conditions compared to the court below since it was in the first instance, the sentencing of the court below cannot be deemed to be unfair because it is too unfeasible.

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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