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(영문) 전주지방법원 2013.08.09 2013노434
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two months of imprisonment and two years of suspended execution) is too unfased and unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. The instant crime of this case, based on the following facts: (a) the Defendant acquired the victim’s 16.5 million won by deceiving the victim through the job placement order; and (b) the Defendant did not take any measures to recover damage up to the trial; and (c) the Defendant had the record of punishment several times for the same kind of crime, etc., it is necessary to punish the Defendant strictly.

However, in full view of the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, various sentencing conditions under Article 51 of the Criminal Act as stated in the records of this case, such as the circumstance after the crime, etc., it is recognized that the lower court’s punishment is too uneasible and unreasonable. Thus, the Prosecutor’s assertion of unfair sentencing is without merit, and thus, it is not reasonable to deem that the Defendant’s punishment is too uneasible.

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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