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(영문) 광주지방법원 2016.07.12 2015노2604
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (six months of imprisonment) of the lower court is too unfilled and unfair (the prosecutor expressed his opinion that he must be punished by imprisonment with prison labor for two years). 2. The Defendant committed a crime during the period of repeated crime, and the victim did not agree.

However, the amount acquired by the defendant is not more than 3 million won, and the victims of embezzlement have recovered the vehicle by themselves.

In addition, comprehensively taking account of the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the crime, all of the sentencing conditions in the instant case, such as the circumstances after the crime, etc., it cannot be deemed that the lower court’s sentence against the Defendant should be too uneased and reversed.

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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