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(영문) 청주지방법원 2019.07.25 2018노1503
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unhued and unreasonable.

2. In light of the fact that the amount of damage caused by each of the instant crimes is a total of KRW 27,100,000,000 and the amount seems to be repeated and actively deceiving the victim for about one year, it cannot be deemed that the nature of the instant crime and the criminal administration are light.

However, in light of the following: (a) the Defendant committed each of the instant crimes with no criminal history at all; (b) was committed against the Defendant’s perception of the mistake; and (c) in particular, when considering the overall conditions of sentencing on the records, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, the lower court’s punishment against the Defendant is deemed appropriate; and (d) is too unfeasible to the extent that the Defendant exceeded the reasonable scope of discretion.

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

(However, Article 62(1) of the Criminal Act and Article 60(3) of the Juvenile Act under the 6th sentence of the judgment of the court below (Article 62(1) of the Criminal Act and Article 60(3) of the Juvenile Act are “Article 62(1) of the Criminal Act,” and “1. Probation and community service order” under the 7th sentence are clearly written errors of “1. community service order” and they are corrected ex officio in accordance with Article

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