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(영문) 광주지방법원 2019.09.05 2019노337
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (a fine of KRW 7,00,000) is too unhued and unreasonable.

2. The fact that the crime of this case is not good, and the defendant committed the crime of this case during the period of repeated crime although he had a previous record of multiple times, is disadvantageous to the defendant.

On the other hand, it is favorable that the defendant reflects his mistake, that the defendant pays most of the amount of damage, and that the above victim wants to dismiss the defendant's wife by agreement with the victim.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and pleadings, it is not recognized that the lower court’s punishment is too unjustifiable, and thus, the 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 as it is without merit. It is so decided as per Disposition.

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