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(영문) 광주지방법원 2020.05.27 2019노3114
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (exemption from punishment) is too unfluent and unfair.

2. The crime of this case is not a good crime with the Internet goods fraud case.

In addition, the defendant had a record of punishment including punishment for the same kind of crime, and the execution of punishment for the same crime has been terminated and approximately four months has not passed since he/she committed the crime in this case.

On the other hand, it is necessary to consider equity in the crime of this case in relation to the crime of fraud, etc., which is finally decided to be three years of imprisonment, and the crime of this case, which is concurrently tried at the same time.

However, the crime of fraud, etc. in the above judgment includes the crime that the defendant committed the Internet goods fraud with respect to several times before and after the crime of this case. Thus, even if the crime of this case was adjudicated simultaneously with the crime of this case, it seems that no more than three years of imprisonment has been sentenced.

Comprehensively taking account of the Defendant’s age, character and conduct, environment, motive, means, consequence, and circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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