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(영문) 광주지방법원 2017.07.06 2016노3289
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended execution, two years of probation, observation of protection, and one hundred and twenty hours of community service in six months) is deemed to be too uneasy and unfair.

2. The fact that the accused has been punished several times for violence-related crimes, and that there is a record of punishment for fraud is disadvantageous to the accused.

However, the Prosecutor’s assertion is rejected on the ground that the sentence of the lower court is too uneasible and unreasonable, considering the following circumstances, such as the fact that the Defendant is both aware of and against the Defendant’s mistake, the fact that the Defendant agreed smoothly with the victims, and the Defendant’s age, sex, environment, motive and consequence of the crime, and circumstances after the crime.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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