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(영문) 창원지방법원 2016.11.10 2016노1318
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution for six months of imprisonment, one year of probation, and eight hours of social service) of the judgment of the court below is deemed to be too uneasy and unfair;

2. In light of the following facts: (a) the Defendant had a record of committing the same kind of crime 28 times; (b) the Defendant is deemed to have committed repeated offenses against many unspecified victims; (c) the Defendant recognized the Defendant’s mistake and reflects the Defendant; (d) the Defendant did not have any criminal record exceeding the fine; (b) the Defendant paid out the amount of damage to be 6,390,000 won to recover considerable damage; (c) the Defendant was given with some victims; (d) probation and community service order for 80 hours together with the suspension of the execution of imprisonment; and (e) other matters concerning the Defendant’s age, character and behavior, environment, background of the crime; (e) circumstances after the crime; and (e) the sentencing specified in the instant records and arguments, the Prosecutor’s assertion 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 ground that it is without merit. It is so decided as per Disposition.

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