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(영문) 부산지방법원 2017.04.28 2016노3927
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because the punishment (12 million won in penalty) declared by the court below is too uneasible.

2. The Defendant committed the instant crime during the suspension of execution due to the same kind of crime, and the victim remains 14 and the amount of damage is not sufficient, etc. are disadvantageous to the Defendant.

However, in full view of the favorable circumstances such as the Defendant’s recognition of all crimes, the fact that most of the damages were recovered, that many victims do not want to punish the Defendant, that they are raising young children neglected, that is, the social relationship is clear, and other various sentencing conditions such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, it is difficult to view that the lower court’s punishment is too uneasible and unfair.

Therefore, the prosecutor's above argument of sentencing is without merit.

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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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