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(영문) 인천지방법원 2014.06.26 2014노1000

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable, because the penalty (1.5 million won of a fine) declared by the court below against the defendant is too unhued.

2. In light of the following circumstances: (a) the Defendant was sentenced to two years of imprisonment for bodily injury at the Incheon District Court on October 18, 2012; (b) the Defendant committed the instant crime without being aware of the fact that the judgment became final and conclusive at that time; and (c) the Defendant had a large number of criminal records for the same kind of crime; (b) the Defendant committed an unfavorable circumstance against the Defendant; (c) the Defendant was able to recognize the Defendant’s mistake; (d) the Defendant was remarkably divided and not repeated; and (e) other favorable circumstances, such as the Defendant’s character and conduct, environment, occupation, and family relationship, which are the conditions for sentencing as indicated in the records, such as the Defendant’s personality and conduct, occupation, occupation, and family relationship

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.