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(영문) 부산지방법원 2014.09.18 2013노3323

사기

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal argues that the court below sentenced the defendant to a fine of five million won, and the prosecutor asserts that the sentence of the court below is too uneasible and unfair, and the defendant asserts that the sentence of the court below is too unreasonable.

2. We examine both the judgment and the Defendant’s assertion of unreasonable sentencing.

As pointed out by the prosecutor, there are many unfavorable circumstances such as the defendant's repeated in 2009, repeated in the period of the suspension of execution due to the same kind of military force, and the defendant committed a re-refiting and re-fiting, but all or part of the defendant's mistakes and agreed with the victim. However, the court below issued a detention warrant while the defendant was absent at the court below, and living under confinement on a half-month basis due to the issuance of the detention warrant during the period of his/her absence; on the other hand, the defendant's age, character and conduct, and environment; and on the other hand, all other circumstances that are conditions for the sentencing of this case, such as the defendant's age, character and conduct, are considered appropriate.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.