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(영문) 광주지방법원 2017.11.02 2017노427
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of suspended execution in the month of imprisonment with prison labor, two years of suspended execution, and eight hours of community service) is deemed to be too unhued and unreasonable.

2. The fact that the judgment defendant has a record of being punished as a crime of fraud, and that the victim F's damage has not been written is an unfavorable condition to the defendant.

However, in light of the fact that there is no criminal history exceeding a fine against the defendant, the defendant agreed with the victim B, and the fact that the victim F is deemed to have paid KRW 29,500,000 to the victim F, the defendant is fully aware of and against his/her mistake, and other circumstances shown in the argument of this case, such as the defendant's age, sexual conduct, environment, motive and consequence of the crime, and circumstances after the crime, etc., the court below's punishment is too uneasible and unfair, and thus the prosecutor's assertion is not acceptable.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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