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(영문) 대전지방법원 2016.06.16 2016노687
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 (amounting to KRW 13 million) against the Defendant is too unhued and unreasonable.

2. In full view of the following factors: (a) the fact that the amount of damage to the instant crime was not much significant; (b) the Defendant’s confessions the instant crime against the Defendant; (c) the Defendant agreed that the Defendant was smoothly punished by the same criminal record; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the instant crime; and (c) other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means and consequence after the commission of the instant crime, the lower court’s punishment against the Defendant is un

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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