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(영문) 광주지방법원 2019.01.24 2018노2838
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: (a) the lower court’s punishment (exemption from punishment) is too unfied and unreasonable.

2. The judgment that the defendant recognized the crime of this case and reflects the mistake, and that the crime of this case must consider equality with the case where the judgment was rendered simultaneously in relation to the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of fraud as stated in the judgment of the court below which became final and conclusive. The prosecutor's assertion is without merit since it is not recognized that the sentencing is too unreasonable even if the court below exempted the defendant from punishment, in full view of the circumstances of the crime of this case, circumstances of the crime of this case, circumstances after the crime of this case, Defendant's age, character and conduct, environment, etc., and other various sentencing conditions as shown in the records and arguments, such as the punishment of this case which became final and conclusive (one year and six months of imprisonment), and the size of the crime of this case (45 million won of imprisonment with prison labor), and the amount of the crime of this case (7 million won of the crime of this case).

3. The prosecutor's appeal of conclusion is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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