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(영문) 대전지방법원 2016.04.01 2015노2462
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below rendered is too unhued and unfair.

2. Determination is an unfavorable circumstance that the Defendant committed the instant crime with less trust relationship with the victim, and the amount of damage was approximately KRW 48 million.

However, the Defendant’s confession and reflects the instant crime, and the Defendant’s repayment of KRW 4 million out of the amount of damage of this case to the victim and the victim, and then submitted to the lower court a letter of agreement that the remainder would be changed in a certain amount each month, and the Defendant would have paid the amount of damage with Kwikset’s service employees, etc. in good faith.

In full view of the following facts: (a) the first offender who has no record of criminal punishment; (b) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime; (c) various sentencing conditions prescribed in Article 51 of the Criminal Act; and (d) the scope of the recommended sentence according to the sentencing guidelines established by the Supreme Court Sentencing Committee (one month to one year); and (d) the sentence of the lower court cannot be deemed unfair because the sentence is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal of this case is without merit. It is so decided as per Disposition.

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