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(영문) 인천지방법원 2017.08.18 2016노4957
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (four months of imprisonment, two years of suspended execution, and 120 hours of community service order) on the gist of the grounds of appeal is too unhued and unreasonable.

2. Determination is an unfavorable circumstance to the Defendant that the Defendant committed a crime of this case, such as taking a police officer wearing a uniform, taking a bath while taking a bath at the police station, etc., and that the nature of the crime of this case is extremely poor; that the Defendant did not receive a letter from the victimized police officer; and that the Defendant committed a crime of assaulting a police officer again even though he/she had a record of punishment due to a violent crime two times, etc.

However, in full view of the favorable circumstances, such as the fact that the amount of damage to the instant fraudulent crime is less than 5,300 won, the fact that the Defendant has no record of being punished more than a suspended sentence, the Defendant’s teared document is printed, and no content is written at the time, and thus its criminal situation is relatively minor, and the Defendant’s late and late repents his mistake, and other factors of sentencing as indicated in the records and changes theory of this case, including the Defendant’s age, sex behavior, occupation and environment, and circumstances after the crime, etc., the lower court’s punishment is too uneasy and unreasonable.

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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