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(영문) 부산지방법원 2016.01.28 2015노2117
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months and the suspension of execution of two years) is too unreasonable.

2. Although the Defendant did not agree with the victim until now, it appears that the Defendant was the first offender, the relationship between the Defendant and the victim, and the Defendant did not receive money by intentionally deceiving the victim from the beginning in light of the purpose and circumstances of lending money. The lower court determined the punishment by fully taking into account the above circumstances, and there was no change of circumstances that could change the Defendant’s age, sex, intelligence and environment, relationship with the victim, motive, means and consequence of the instant crime, and circumstances after the crime, etc., the lower court’s punishment is deemed reasonable.

Therefore, the prosecutor's improper argument of sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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