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(영문) 서울중앙지방법원 2016.11.18 2016노3471
유가증권위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal shall be deemed to be too unhued and unfair;

2. In light of the fact that the accused has been punished several times for the same kind of crime (Fraud 5 times and embezzlement 2 times), the Defendant repeatedly committed some identical crimes during the repeated crime period after having been sentenced to punishment for fraud; the victim of this case is a majority of the victims of this case; the amount of damage therefrom exceeds KRW 300 million; the Defendant committed the crime by intelligent, planned method, such as forging lottery tickets or balance certificate actively; and some of the crimes committed by deceiving or embezzlement of money against the victims who have disturbed with the premise of marriage; and the crime is bad in quality of the crime and threaten the victim to demand the return of the money acquired; it is necessary to severely punish the Defendant.

However, the court below's sentencing is difficult to view that the first instance court's sentencing goes beyond a reasonable discretion and is excessively easy, taking full account of all the following circumstances: (a) the Defendant divided the Defendant's mistake; (b) the social service Korea Co., Ltd., the victim of the crime of obstruction of another's exercise of rights; (c) the victim of the crime of fraud, and (d) the J, S, I, H,O, D, E,V, T, and X paid part of the amount of each damage (total of KRW 97 million); (d) the victim D, and returned the victim J 5 car; and (e) the victim J 3 car to the victim J.; and (e) the victim J. 3 car was returned; and (e) the Defendant's age, character, career, home environment, motive and means of the crime, and the circumstances after the crime.

Therefore, prosecutor's assertion is not accepted.

3. If so, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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