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(영문) 대전지방법원 2016.04.07 2015노3683
사기
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is unreasonable as it is so far as it is too unfasible to the extent that each sentence imposed by the court below against the Defendants (in case of Defendant A: 10 months of imprisonment, 2 years of suspended sentence, 1 year and 6 months of imprisonment, and 3 years of suspended sentence)

2. In full view of the following circumstances: (a) the fact that the damage from the instant crime was not properly recovered; (b) the Defendants did not have a criminal record for the same kind of crime; and (c) the Defendants’ age, environment, motive, means and consequence of the commission of the crime; and (d) the various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the circumstances before and after the commission of the crime, the lower court’s punishment against the Defendants is too uneasible and unfair

3. As such, the prosecutor’s appeal is without merit and all is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, since it is obvious that “W” of 4th 18th 18th 18th 18th 19 of the decision of the court below among the summary of the evidence of the court below is a clerical error of “F.”

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