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(영문) 전주지방법원 2016.08.18 2016노452
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year and two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) is too unfasible and unreasonable.

2. It is recognized that the majority of the victims due to the instant crime and the amount of damage exceeds 100 million won in total, and the Defendant was unable to pay most of the amount of damage although about six years have passed since the instant crime was committed.

However, even though the defendant recognized the crime of this case and reflects the fact that he was punished for the same kind of crime, the defendant had a record of 12 years prior to the crime of this case, the defendant paid 5 million won to the victim E, the defendant's repayment of 5 million won to the victim is in the position of care and support for the South and North Korea suffering from blood cancer in the situation where the defendant is economically difficult, and other sentencing conditions specified in the records and theories of this case, such as the defendant's age, sex behavior, environment, motive and circumstance of the crime, etc., are considered, and the sentencing of the court below is too unjustifiable and it is not recognized that the sentencing of the court below is unfair.

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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