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(영문) 광주지방법원 2017.10.19 2017노305
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence for six months of imprisonment, and one hundred and twenty hours of community service) is too unhued and unreasonable.

2. In light of the circumstances revealed in the instant pleadings, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the commission of the crime (two victims of fraud, the amount obtained by deception totaling KRW 13 million), and the circumstances after the commission of the crime (a confession and reflectivity), the lower court’s punishment is too unfeasible and it is not deemed unfair, and thus, the Prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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