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(영문) 창원지방법원 2016.06.30 2016노846
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of suspended sentence in the month of imprisonment with prison labor) is unfair as it is too unfasible.

2. Determination Domination, Domination, and Domination are not indicated as approximately KRW 51 million, the fact that the defendant had a criminal record for the same kind of offense is a reason for sentencing unfavorable to him, and the fact that the defendant has committed a crime and is against himself, and that the defendant has agreed with the victim is a favorable reason

The Prosecutor’s assertion is without merit, given that the judgment of the court below is reasonable, in light of the above sentencing factors comprehensively considering the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters pertaining to the sentencing as indicated in the records and arguments of this case.

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

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