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(영문) 부산지방법원 2017.08.24 2017노2029
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (six months of imprisonment) against the Defendant on the gist of the prosecutor’s grounds of appeal is too unfasible and unreasonable.

2. According to the judgment, the crime of this case is deemed to have been committed by deceiving the victim C of old age who was known to the defendant while delivering milk, thereby deceiving the victim of the crime of this case from the victim. In light of the content of the crime and the amount of fraud, the criminal liability is heavy, the defendant has not made any effort to recover the damage of the victim, and the defendant has a record of punishment for the same kind of crime, and the circumstances that are disadvantageous to the defendant are recognized.

However, it is reasonable to respect the determination of sentencing in our Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision, where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the above recognized defendant do not constitute a special change in circumstances that could change the sentence of the lower court after the sentence of the lower court was sentenced, and it does not seem unfair by taking into account the following circumstances, such as the defendant’s age, sexual behavior, environment, etc., the sentence imposed by the lower court against the defendant is too unscheduled.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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