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(영문) 광주지방법원 2015.06.09 2014노1870
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfased and unreasonable.

2. In full view of the factors, such as the fact that the amount acquired by the Defendant is not a considerable amount of KRW 20 million, that there was an escape for four years after the crime of this case, that there was no record of being punished for the same kind of crime, that there was no record of punishment for the Defendant, that the Defendant deposited KRW 5 million in the original court for the victim, that is, deposit KRW 1.5 million in the original court for the victim, that is, the fact that the Defendant seriously reflects the crime, and other favorable sentencing factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the scope of recommended sentencing guidelines (one to one year and six months for imprisonment) as well as other circumstances that are conditions for sentencing as indicated in the records and arguments of this case, such as the Defendant’s age, character and behavior, environment, motive and consequence after the crime.

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

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