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(영문) 서울중앙지방법원 2016.01.28 2015노4792
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) is deemed to be too unhued and unfair.

2. In light of the fact that the Defendant’s instant crime was committed repeatedly against many victims and the nature of the instant crime is inferior, the safety and order of transactions via the Internet, and the public credibility are likely to be harmed, and the victims have not recovered from damage, a strict punishment should be imposed against the Defendant.

However, in full view of all the factors in the records and arguments of this case, including the fact that the defendant has no criminal record of imprisonment or heavier punishment, the fact that the defendant commits the crime, and the age, sex behavior, environment, amount of damage, and circumstances after the crime, etc., even if considering the above circumstances, it cannot be said that the sentence imposed by the court below is too uneasible and unfair.

The prosecutor's assertion is without merit.

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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