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(영문) 부산지방법원 2017.12.22 2017노3339
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 (limited to six months of imprisonment, two years of suspended sentence, 40 hours of an order to attend lectures for alcohol treatment, and 80 hours of community service) is too unfluent and unreasonable.

2. The fact that the victims did not reach an agreement with the victims and did not fully repay the damage, that there was a record of criminal punishment several times for the same crime, and that it appears that the same crime is repeated even after the instant crime is committed, is disadvantageous to the Defendant.

However, in full view of the favorable circumstances, such as the fact that all crimes are recognized, the extent of damage, the fact that the size of damage is not large, the support for the elderly, and other various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, etc., it is difficult to deem the lower court’s punishment to be unfair because it is too unfeasible.

Therefore, the prosecutor's above argument of sentencing 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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