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인천지방법원 2017.11.02 2017노3235
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year and two months of imprisonment) is too unhued and unfair.

2. The crime of this case is acknowledged that the defendant accessed the victim who was under the Internet Broadcasting BJ, and acquired money from the victim after the recovery, in light of the method and content of the crime, etc., the quality of the crime is not good, the crime of this case was committed during the period of repeated crime due to the same crime, and the damage to the victim was not recovered until the trial of the party.

However, in full view of the following circumstances: (a) the Defendant is recognized as committing the instant crime; (b) the amount of defraudation up to KRW 44.7 million; and (c) the Defendant’s age, sexual conduct; (b) the motive, means, and consequence of the instant crime; and (c) other circumstances that are conditions for sentencing, the sentence imposed by the lower court 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.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) and Article 189 of the Criminal Procedure Act.