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(영문) 대전지방법원 2016.02.18 2015노3197
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence against the Defendant (a prison term of eight months, two years of suspended sentence, and forty hours of community service order) is deemed unreasonable.

2. In light of the means, results, etc. of the instant crime, the nature of the crime is not somewhat weak; the fact that the Defendant agreed with the victim or appears to have not been able to recover damage is unfavorable to the Defendant; however, the Defendant led to the confession of the instant crime and reflects his mistake; the Defendant has no particular criminal history other than being sentenced once a fine is imposed for the instant crime; the Defendant’s age, sexual conduct, environment, motive, means, means and consequence of the instant crime; and other factors such as the Defendant’s various sentencing conditions under Article 51 of the Criminal Act, such as the circumstances before and after the instant crime, and the scope of recommended sentencing guidelines established by the Supreme Court sentencing committee; thus, the Prosecutor’s assertion has no merit.

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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