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(영문) 창원지방법원 2016.05.19 2015노2868
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment) is too unfased and unreasonable.

2. We examine the judgment, and the fact that the amount obtained by defraudation by the instant crime is not stated as KRW 50 million, the fact that the Defendant did not agree with the victim is an unfavorable reason for sentencing, and that the Defendant does not have the same criminal record, and that the Defendant should consider equity with the case where the judgment is rendered at the same time as the case where the judgment becomes final and conclusive is favorable for sentencing

In full view of the above factors, as long as new sentencing data are not submitted in the trial at the above trial, it is reasonable to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015); Defendant’s age, family relationship, economic situation, circumstances leading to the crime and motive; and all other matters concerning the sentencing as indicated in the records and arguments of this case, the prosecutor’s assertion is without merit, since the lower court’s punishment is deemed appropriate.

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

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