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(영문) 서울동부지방법원 2017.08.18 2017노177
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (unfair sentencing) and the fact that the nature of the instant crime is not good, the sentence imposed by the court below (the imprisonment of eight months, the suspension of execution of two years, and the forfeiture) is too uneased and unfair.

2. The lower court, based on the facts that the Defendant had no record of criminal punishment, was the first offender with no record of criminal punishment, that the victim of the fraudulent crime was repaid and agreed smoothly, and that the Defendant appears to have been detained for a certain period of time during three months, the lower court sentenced the same sentence as Paragraph 1.

In full view of the records and arguments of this case, the lower court’s sentencing appears to have been appropriately determined by fully considering the above sentencing grounds and the various sentencing grounds asserted by the prosecutor, and there are no special circumstances to change the above sentencing.

In the end, the prosecutor's above argument of 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 grounds that it is without merit. It is so decided as per Disposition.

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