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(영문) 서울남부지방법원 2013.11.29 2013노1677

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (limited to six months of imprisonment, one year of suspended execution, and two hundred hours of community service) declared by the court below is deemed to be too uneasy and unfair.

2. Although the judgment of the court below has the same criminal records as the defendant, it is recognized that the amount of damage in this case was not significant, the court below held that the defendant agreed with the victim at the court below, and that the victim wanted to have the prior wife of the defendant, that the defendant is in depth against the defendant, and all other circumstances, such as the background, means and methods of the crime in this case, the circumstances after the crime, and the age and happiness environment of the defendant, etc., which are the conditions for sentencing under Article 51 of the Criminal Act as shown in the records and arguments of this case, are too uneasable

3. In conclusion, the prosecutor's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.