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(영문) 서울중앙지방법원 2016.04.21 2016노745
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment) is too unfased and unreasonable.

2. In full view of all the sentencing conditions as shown in the records and theories of the instant case, including the Defendant’s age, occupation, sex, family relation, motive and consequence of the crime, etc., the sentence imposed by the lower court against the Defendant can be deemed to be within the scope of the court’s discretion for sentencing, and it can be deemed that it is too weak to the extent that it cannot escape from reversal.

shall not be required to do so.

D. Unfavorable circumstances: The Defendant committed the instant crime with a large amount of social harm, the amount of damage up to KRW 110 million, the Defendant had been punished by imprisonment with prison labor several times, and the Defendant committed the instant crime without being aware of during the repeated crime due to larceny, and the circumstances favorable to the receipt of a certain ratio out of the profits from the instant crime: The Defendant was responsible for withdrawal indispensable from the instant crime, but the Defendant played a leading role in the planning and implementation of the crime.

It is difficult to see that the crime of this case is recognized and reflected.

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

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