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(영문) 대전지방법원 2018.05.02 2017노3124
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 (two years of the suspended sentence of six months of imprisonment) is too untile and unfair.

2. It is desirable to refrain from imposing a sentence that does not differ from the first instance court’s judgment by destroying the first instance court’s judgment solely on the ground that the sentence of first instance falls within the reasonable scope of discretion, even though the sentence of first instance falls within the reasonable scope of discretion, it is desirable to refrain from imposing a sentence that does not vary from the first instance court’s judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, the lower court is not completely restored, the lower court did not completely recover damage, the amount of the defrauded money is not significant, the lower court was determined within a reasonable scope, taking into account all the circumstances regarding the Defendant’s sentencing, such as the fact that the amount of the defrauded money is the first offender, the first offender, and the fact that the lower court’s sentencing was determined within a reasonable scope, and there is no reason to newly consider in the first instance court, and thus, there is no change in the sentencing conditions, and thus, it is reasonable to respect the sentencing of the lower court.

Therefore, the prosecutor's improper argument of sentencing cannot be accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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