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(영문) 서울서부지방법원 2015.09.25 2015노1042

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment with prison labor for six months, one year of suspended execution, and 80 hours of community service order) is too unhued and unreasonable.

2. In full view of the following factors: (a) the Defendant did not agree with the victim; and (b) the Defendant has a large number of criminal records of the same kind; (c) the Defendant made efforts to recover from damage by depositing KRW 15 million for the victim; and (d) the Defendant’s age, character and conduct, environment, method and result of the instant crime; and (e) the sentence of the lower court against the Defendant is deemed reasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.