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(영문) 서울중앙지방법원 2016.11.24 2016노3785
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, and three years of suspended execution) of the lower court is deemed unreasonable.

2. The lower court determined that the sentence is determined by fully considering the favorable or unfavorable circumstances of the Defendant as follows, and comprehensively taking account of the balance of the sentence imposed by accomplices, the fact that there is no reason to change the sentencing in the appellate court, and all of the sentencing conditions in the records and arguments of this case, the lower court’s sentence is deemed appropriate.

The prosecutor's assertion is without merit.

Unfavorable circumstances: The occurrence of the crime and the expansion of damage, most victims are responsible for the occurrence of the crime and the occurrence of the crime, most of them have agreed with the victims, there are no criminal records except for the punishment by a fine once for the crime of this type, the victims have no criminal records, and the victims have no criminal records and they have committed wrong acts while living under custody for 5 months or more.

3. The prosecutor's appeal of conclusion 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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