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(영문) 창원지방법원 2018.02.21 2017노3077
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court, in light of the favorable circumstances that the Defendant paid 2.7 million won out of the amount of 4.5 million won by defraudation to the victim, takes into account the fact that the Defendant had been punished several times for the same kind of crime, the fact that the Defendant committed a second offense during the period of repeated crime due to the same kind of crime, and determined the sentence (3.0 million won) by taking into account the Defendant’s age, sexual conduct, environment, motive and means of the crime, circumstances after the crime, and other various sentencing conditions specified in the records and arguments.

The grounds for unfair sentencing (such as criminal records, repeated crimes, etc.) alleged by the prosecutor are shown to have been determined by the court below, taking into account the sufficient factors in determining the sentence against the defendant, and the above conditions of sentencing have changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

The prosecutor's assertion is without 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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