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(영문) 대전지방법원 2016.04.07 2015노1310
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is unfair as it is too unfasible.

2. The fact that the damage from the crime of fraud did not recover is disadvantageous to the defendant; however, the defendant led to the confession of the crime of this case and reflects his mistake; the defendant did not have any previous conviction in violation of the law of financial business specializing in credit; the crime of fraud within the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court sentencing committee; and the basic area (from June to one year to six months) of the defendant's age, sexual behavior, environment, motive, means and consequence; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sexual behavior, environment, motive, means and consequence; thus, it cannot be deemed unfair because the court's punishment against the defendant is too uneasy and unfair. Thus, the prosecutor's argument of the crime of fraud is without merit.

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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