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(영문) 광주지방법원 2017.05.18 2017노1287
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.

2. The judgment of the defendant has the record of being punished twice for the same crime, and the fact that the defendant was serving as a repeated offender for the same crime is disadvantageous to the defendant even though he had been serving as a repeated offender for the same crime.

However, in light of the fact that the Defendant recognized all of his mistake and reflects, the victims' damage is relatively minor, the victims do not want the punishment of the Defendant, and other circumstances shown in the arguments in the instant case, such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, the lower court’s punishment is too uneasible and unreasonable, and thus, the Prosecutor’s assertion is rejected.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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