beta
(영문) 창원지방법원 2014.03.26 2014노238

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unhued and unreasonable.

2. On May 20, 201, the Defendant was indicted for committing a crime that had been punished more than 20 times for the same crime, which was committed in the past, and on May 20, 201, the Defendant again committed a crime entered in the facts of the crime of the lower judgment (hereinafter “instant crime”) within the repeated crime period after having been sentenced to imprisonment for four months for a crime of fraud and the execution of the sentence was completed, and the Defendant was notified of a summary order with the criminal facts that acquired the amount equivalent to taxi charges, such as the instant crime, even 4 months prior to the instant crime.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime and commits the instant crime; (b) the defrauded amount is relatively small to the extent of 58,900 won; and (c) other circumstances that form the sentencing conditions specified in the instant pleadings, such as the Defendant’s age, character and conduct, environment, and circumstances before and after the instant crime, the lower court’s punishment against the Defendant cannot be deemed as being too una

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