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(영문) 광주지방법원 2017.03.30 2016노1046
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (two years of suspended sentence in six months of imprisonment) is unfair because it is too unfasible.

2. The victim company did not have a significant number of damage and has almost been recovered.

However, considering the fact that the defendant's mistake and reflects the defendant's mistake, equity in the case that the first head of the crime in the judgment of the court below, which is a concurrent crime of the latter part of subparagraph 37 of the Criminal Code, should be taken into account at the same time with the judgment of the court below, and other circumstances mentioned in the argument of this case, such as the defendant's age, sex, environment, motive and consequence of the crime, etc., if taken into account equally, it is not recognized that the sentence of the court below is too unreasonable and thus, the prosecutor's assertion

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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