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(영문) 광주지방법원 2015.08.11 2014노2425
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. In full view of the elements of the unfavorable sentencing, such as the fact that the Defendant has been punished several times as a crime of fraud and that the Defendant has been sentenced two times among them, and that the Defendant has repaid the amount of damage to the victims of the crime of fraud, the victim B of the crime of larceny recovered the total amount of KRW 2.5 million out of the damaged goods equivalent to the total amount of KRW 3.2 million, and other favorable sentencing factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime of this case, and other various circumstances that form the conditions of the sentencing specified in the records and arguments of this case, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime of this case, and the scope of the recommended sentencing guidelines (one to two years of imprisonment), it cannot be deemed that the lower court’s sentence against the Defendant is too unreasonable

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

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