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(영문) 대전지방법원 2016.01.21 2015노2042
사기
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (an imprisonment of eight months and two years of suspended sentence) is deemed to be too uneasy and unfair.

2. The Defendant committed the instant crime with a similar multiple methods despite the fact that he/she had been punished several times for the same crime, and the fact that the damage was not recovered is disadvantageous.

However, there are extenuating circumstances, such as the fact that the defendant repents and reflects his mistake in depth, the fact that the health condition seems to be not good, etc., and the scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Supreme Court sentencing committee, and the crime of fraud, the group of frauds, the group of general frauds 1 (less than KRW 100 million), the special sentencing factors (no special sentencing factors), the decision on the recommended area (basic area), the scope of the recommended sentencing (from June to January 6), the scope of the sentenced sentence (from June to January 6), and other various sentencing conditions such as the defendant's age, sex behavior, environment, motive, means and consequence of the crime, etc., it is not recognized that the sentence of the court below is too too unreasonable and unfair.

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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