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(영문) 대전지방법원 2018.01.31 2017노2417
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) of the lower court’s sentence (a two years of suspended sentence in August, and a eight-hour community service order) is deemed to be too unfortunate and unfair.

2. In light of the details and details of the instant crime, the fact that the nature of the crime is not good, the total amount of the defrauded of the instant case reaches approximately KRW 38 million, and the fact that the victims have not been recovered from considerable damages up to now is unfavorable.

However, there are favorable circumstances, such as the fact that the defendant recognized the crime of this case and reflects the mistake, that the defendant paid two million won to the victims each time they were in the first instance, and that there is no record of criminal punishment.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there are no special changes in circumstances that make different from the lower court’s sentencing conditions as indicated in the records and theories of changes, such as the circumstances after the crime, the lower court’s punishment is too unfluent and unreasonable.

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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