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(영문) 부산지방법원 2018.02.23 2017노4114
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (six months of imprisonment, two years of suspended sentence, and one hundred and sixty hours of community service order) is deemed to be too uneasy and unfair.

2. The extent of damage is not small, and the fact that no agreement has been reached with the victim is disadvantageous.

However, comprehensively taking account of the following: (a) recognition of and reflects on the crime; (b) the violation of the Military Service Act in around 2002; and (c) the balance of the general penal punishment in cases of the same or similar type in which there is no record of criminal punishment; and (d) the Defendant’s age, sex, environment, motive, means and consequence of the crime; and (c) various sentencing conditions, such as the circumstances after the crime, it is difficult to deem the lower court’s punishment to be unfair because it is too un

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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