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(영문) 대전지방법원 2016.05.19 2015노4072
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 (the imprisonment of six months, the suspension of execution of two years, the observation of protection, and the community service order of 80 hours) is too uneasible and unreasonable.

2. The fact that the money acquired by the accused is a total amount of KRW 31 million, and that no agreement has been reached with the victim and the damage has not been fully recovered is disadvantageous to the accused.

However, in light of the fact that the defendant is against the defendant, the defendant partially repaid the amount to the victim, and made efforts to recover the damage by depositing the amount of KRW 8 million for the victim, etc., there are other circumstances favorable to the defendant. In full view of all the sentencing conditions, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too unjustifiable and unfair.

3. The appeal by the prosecutor of the conclusion is without merit, and 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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