(영문) 인천지방법원 2015.08.26 2015노2468



The prosecutor's appeal is dismissed.


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

2. In light of the circumstances and contents of the instant crime, etc., the crime is extremely poor; the frequency of the instant crime appears to have been recovered from damage or to have not been agreed with the victims; there exists a record of criminal punishment several times due to the same fraud; in particular, on August 30, 2012, the court was sentenced one year to imprisonment with prison labor for the same several acts and repeats the instant crime during the period of repeated crime after the execution of the sentence; however, the Defendant is both led to the confession of and reflect against the instant crime; the amount of fraud against the victims is not so large; and other various sentencing conditions specified in the records and arguments, such as the Defendant’s age and happiness environment; and the circumstances before and after the instant crime, etc., the Defendant’s punishment against the Defendant is too uneasible and unreasonable.

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.