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(영문) 창원지방법원 2015.06.04 2014노2783

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The prosecutor of the gist of the grounds for appeal asserts that the punishment sentenced by the court below (two years of suspended sentence in October) is too unfasible and unfair.

2. The crime of this case is a case where the defendant deceivings the victim and defrauds 50,00 won. The defendant committed the crime of this case even though he was in the period of suspended execution due to the same crime, and the defendant has been punished for various crimes, such as the violation of the Establishment of Homeland Reserve Forces Act, the Automobile Management Act, the crime of forging public documents and the crime of uttering, the crime of forging private documents and the crime of uttering, the crime of larceny, the crime of larceny, etc.

However, in full view of the following circumstances: (a) the Defendant recognized the Defendant’s mistake; (b) recognized the victim’s damage; and (c) took into account the circumstances favorable to the Defendant that the victim did not want the Defendant’s punishment by mutual agreement with the victim; and (d) there are no special circumstances or circumstances newly considered in sentencing after the sentence of the lower judgment; (b) the Defendant’s age, character and conduct, environment, motive and background of the crime; (c) means and method of the crime; and (d) the circumstances after the crime was committed, etc., the sentence imposed by the lower court is too unreasonable and unreasonable

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