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(영문) 서울남부지방법원 2017.09.21 2016노1200
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal that the Defendant denies the criminal intent and did not reflect the criminal intent; (b) the damage was not repaid; (c) the Defendant was not absent for a considerable period of time in the trial; and (d) the Defendant had the same criminal record, etc., the sentence imposed by the lower court (three (three (three (three (3) years) is too uneasible and unfair

2. There are no special circumstances or changes in circumstances that may be newly considered after the pronouncement of the judgment below.

In addition, considering the circumstances of all the sentencing as shown in the records and arguments of this case, including the Defendant’s age, sex, environment, and motive for committing the crime, and the reasons for sentencing of the lower judgment, even if considering the various circumstances asserted by the prosecutor on the grounds of appeal, it is not determined that the lower court’s punishment was too unhued and exceeded the reasonable scope of discretion.

The prosecutor's improper argument in 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 appeal is without merit. It is so decided as per Disposition.

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