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(영문) 광주지방법원 2015.06.09 2014노2086
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. The defendant's crime is committed by posting an article to sell goods on the Internet to receive money from victims or to take back money from victims, and the nature of the crime is not good, and there is no record of criminal punishment when the defendant is excluded from juvenile protective disposition, the crime of this case is against the criminal punishment, and the defendant shows his intent to enter the military in the future, as well as other favorable sentencing factors such as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and the scope of sentencing guidelines recommended by the court below (with imprisonment between June and February, 9). In full view of the above factors, including the defendant's age, character and behavior, environment, motive and consequence of the crime, the circumstances after the crime, etc., as well as the scope of sentencing guidelines recommended by the court below.

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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