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(영문) 창원지방법원 2020.03.27 2020노152
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. On January 10, 2020, the Defendant withdrawn an appeal.

The sentence of the lower court (one year of imprisonment) is too unhued and unreasonable.

2. The crime of this case is a situation unfavorable to the defendant, such as the following: the crime of this case was committed by deceiving the victim as if the defendant had been granted a transfer of real estate, and the nature of the crime was poor; the damage amount to the crime of this case was not recovered; the victim was punished with severe punishment for the defendant; the defendant was punished several times due to the same kind of crime; and the crime of this case was committed during the period of suspended execution due to the same kind of crime.

However, the circumstances favorable to the defendant include the fact that the defendant recognizes the crime of this case and is against the defendant, it is difficult to have the family form of the defendant, and the defendant is in the position to support his children.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the pleadings, including circumstances after the crime, and the scope of recommended sentences in the sentencing guidelines, it cannot be deemed that the sentence imposed by the lower court is too uneasible 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 as it is without merit. It is so decided as per Disposition.

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