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(영문) 광주지방법원 2016.07.27 2016노1686
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (one-month imprisonment) of the lower court is deemed to be too unhued and unreasonable.

2. The judgment defendant has already been punished several times for fraud.

In addition to the amount of fraud, the victim is trying to punish the defendant.

This is disadvantageous to the defendant.

On the other hand, the defendant recognized his mistake and is against his depth.

Of the amount of damage, 8.7 million won has been repaid.

In addition, in full view of the circumstances of the instant crime, the circumstances after the instant crime was committed, the Defendant’s age, sexual conduct, environment, etc., as well as the scope of recommended punishment according to the sentencing guidelines of the Supreme Court sentencing committee, etc., the prosecutor’s assertion is without merit, on the grounds that the lower court’s punishment is too uneasible and unreasonable.

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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