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(영문) 부산지방법원 2017.08.25 2017노2002
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unfilled and unreasonable.

2. It is recognized that the amount of the judgment obtained by deception exceeds 61 million won in total, the damage was not recovered, the victims did not agree with the victims, and the victim F wanted to be punished by the defendant.

However, considering all of the sentencing conditions and the scope of recommended sentencing guidelines set forth in the argument of the present case, such as the Defendant’s age, sex, environment, motive, means and consequence of each of the instant offenses, etc., the lower court’s punishment is too uneasy and unreasonable, in light of the fact that the Defendant has committed a crime, and there is no record of criminal punishment, and the Defendant’s age, sex, environment, motive, means and consequence of each of the instant offenses.

Therefore, 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 grounds that the appeal is without merit. It is so decided as per Disposition.

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