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(영문) 창원지방법원 2015.11.18 2015노2024
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of two years of suspended execution in August and a community service order of 80 hours) imposed by the court below is unreasonable as it is excessively unhutiled.

2. In light of the fact that the Defendant, even in the past, even though he had the past history of punishment for the same or similar crime, committed the crime by defraudation using the website of this case, 17 times again, there are unfavorable circumstances such as the nature of the crime and the responsibility for the crime, the fact that the Defendant did not reach an agreement with the victims, but the confession and reflects by the Defendant, the total amount of damage is not high, the extent of the recommended sentence according to the sentencing guidelines of the Supreme Court Decision (1 to 2 years and 6 months), the extent of the recommended sentence according to the sentencing guidelines of the Sentencing Committee (1 to 1 year and 2 months), and there are no special reasons to change the sentencing after the sentence of the lower judgment, and other various sentencing conditions as shown in the records and arguments of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it cannot be deemed unfair because the sentence imposed by

Therefore, the prosecutor's assertion of unfair sentencing 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 ground that it is without merit. It is so decided as per Disposition.

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