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(영문) 청주지방법원 2017.01.12 2016노25
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (amounting to KRW 5,00,000) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

In 2011, the defendant had a record of criminal punishment several times for the same crime, including the defendant who was sentenced to imprisonment for six months for a crime of fraud, and the execution of the sentence has been completed for the same crime, and the defendant has committed each of the crimes of this case again during the period of repeated crime after the sentence of imprisonment was completed.

Until the defendant was in a trial, the defendant did not reach an agreement with the victim.

The defendant did not appear on the trial date of the trial.

Circumstances favorable to the defendant shall be as follows:

The defendant recognized the crime of this case and divided the errors.

The amount acquired by the accused is not a large amount, but a 4,000,000 won out of the amount acquired by the defrauded by the investigation agency was returned to the victim.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment cannot be deemed to be unfair because it is too uneasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.

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