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(영문) 광주지방법원 2015.07.07 2014노1767
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (eight months of imprisonment, two years of suspended execution, two years of probation) is too uneased and unreasonable.

2. In full view of the elements of unfavorable sentencing, including the fact that the defendant was subject to criminal punishment for the same kind of crime and was sentenced three times, and that there was an agreement with the victim F of fraud, the factors of favorable sentencing, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other various circumstances that form the conditions of sentencing specified in the records and arguments of the instant case, including the defendant’s age, character and conduct, environment, motive and consequence of the crime, and the scope of recommended sentences of the sentencing guidelines (two months or more), it cannot be deemed that the court below’s sentence against the defendant is too unjustifiable.

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

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