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(영문) 제주지방법원 2017.03.23 2016노543
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended sentence, two years of suspended sentence, and observation of protection) is too unhued and unreasonable.

2. It is reasonable to respect the determination of sentencing in our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The damages to each of the instant crimes have not yet been recovered, the victims want to be punished against the Defendant, and the Defendant had the history of being sentenced to a fine twice prior to the crime of breach of trust, the crime of breach of trust and the crime of fraud, and the crime of fraud. However, the lower court appears to have determined the punishment against the Defendant in light of the above circumstances, and there is no change in circumstances that may be considered in the punishment after the sentence of the lower court was rendered, and the Defendant appears to have opposed to the recognition of each of the instant crimes, and there is no other reasonable attitude in the process of the instant crime, including the Defendant’s age, sex, environment, motive and method and method, and scope of each of the instant crimes.

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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