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(영문) 전주지방법원 2016.11.25 2016노704
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The crime of this case is an unfavorable circumstance to the defendant, such as the following: (a) the crime of this case was committed by deceiving 16,50,000 won by forging and using a written application for debate on vehicle installment financing in the name of the defendant who is a child; (b) the crime of this case was committed in spite of the fact that the defendant had been subject to criminal punishment three times by fraud; and (c) the defendant did not reach an agreement with the victim up to the trial; and (d) the defendant did not take any particular measures to recover from the victim’s damage.

On the other hand, the fact that the defendant recognized the crime of this case and reflects the mistake, and that the defendant seems to have reached the crime of this case due to economic difficulties such as being urged to repay the bonds borrowed at the expense of the mother's surgery, and that it is hard to say that he would not repeat again, etc., are favorable to the defendant.

In full view of the aforementioned circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, character and conduct, and environment, etc., as seen above, the lower court’s punishment is too uneasible and unreasonable. Therefore, the Prosecutor’s assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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