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(영문) 서울동부지방법원 2016.05.20 2016노67
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The main point of the prosecutor's appeal is that the sentence of the court below (six months of imprisonment, two years of suspended execution, and 120 hours of community service) imposed on the defendant is too unfeasible and unfair in light of the fact that the defendant denies the crime, did not agree with the victim, and there was no effort to recover damage.

In addition to the fact that the Defendant deposited KRW 2,00,000 for the victim after the closure of the pleadings in this case, taking into account various circumstances, such as the Defendant’s age, sex behavior, environment, and degree of damage, the sentence of the lower court cannot be deemed to be too uneasible and unfair.

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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