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(영문) 서울동부지방법원 2019.10.31 2019노1027

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, suspension of execution, community service, and confiscation) is too unhued and unreasonable;

2. The fact that the social damage of singinging is a reason for sentencing disadvantageous to the Defendant.

However, in full view of the fact that all damages are recovered and agreed with the victim, that there is no record of the same kind of crime, that reflects the crime, and that the sentencing grounds specified in the arguments and records of this case are considered to have been determined appropriately by fully considering all the circumstances, including the various sentencing grounds asserted by the prosecutor, and no special circumstance exists to the extent that the sentence of the court below is to be changed.

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