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(영문) 서울동부지방법원 2016.07.08 2016노326
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor’s appeal is that, in light of the fact that the Defendant’s sentence (six months of imprisonment, two years of suspended execution, and 120 hours of community service) imposed on the Defendant is too unfasible and unfair, in light of the following: (a) the damage from the instant crime is not substantial and the damage is not recovered.

In full view of the following circumstances: (a) the victim has the title of enforcement by filing a civil suit against the instant case; (b) the Defendant is aged, the primary offender is the Defendant’s environment; and (c) the relationship with the victim, etc., the sentence of the lower court cannot be deemed as unfair because it is too unfasible to the extent that the sentence of the lower court is too unfasible.

Therefore, since the prosecutor's appeal is without merit, it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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