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(영문) 청주지방법원 2016.05.13 2015노990
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) is too unhued and unreasonable.

2. The lower court determined that the Defendant was sentenced to punishment for the Defendant, taking into account all the circumstances, including the fact that the amount acquired by the Defendant was not more than KRW 2,90,000,000, but the Defendant acquired money from many unspecified victims through the transaction of goods on the Internet, and that the Defendant had a record of receiving juvenile protective disposition or fine several times of a similar crime.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limits of discretion in light of the matters requiring conditions of sentencing, the statutory penalty, the sentencing guidelines, etc. in the court below.

There is no circumstance to find out that the lower court’s maintenance of sentencing is unfair or that it is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Accordingly, the prosecutor’s sentencing and light judgment cannot be accepted.

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 appeal is without merit. It is so decided as per Disposition.

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