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(영문) 광주지방법원 2015.12.24 2015노2827
사기
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (eight months of imprisonment) is too unhued and unreasonable.

Judgment

The fact that the defendant has already been punished five times due to the same crime, and the damage has not yet been recovered at all is an unfavorable sentencing factor.

However, considering the following as a whole: (a) the Defendant is against the recognition of all of his/her own crimes; (b) the Defendant is not deemed to have committed the instant crime intentionally; and (c) the Defendant is not deemed to have been punished by a suspended sentence for the same kind of crime; and (d) the Defendant has no record of being punished by a suspended sentence for the same crime; (b) other factors such as the background of the instant crime; (c) the amount of deceptive money (18870,000 won); (d) various sentencing data on the pleadings, such as the circumstances after the instant crime; (e) the Defendant’s age, character and conduct, and environment; and (e) the scope of the recommended sentence according to the sentencing guidelines of the Sentencing Commission (general fraud Type 1 (less than KRW 100,00

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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