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(영문) 부산지방법원 2014.12.23 2014노3892

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant had a lot of records that he was punished for the commission of a misappropriation, and even during the period of a repeated offense, the Defendant had been punished for the same commission of a fine and repeated the same commission of a crime again despite the fact that he had been punished for the same commission of a crime, and that he did not make efforts to repay at all, the lower court’s punishment (eight months of imprisonment) is too uneasible and unreasonable.

2. In light of the unfavorable circumstances as pointed out by the public prosecutor, it is necessary to issue a warning to the Defendant to prevent recidivism. However, considering the fact that the Defendant’s mistake is against the Defendant’s depth, and that the mother’s mother return to high altitude and the deaf will not repeat the crime again, and that other circumstances, which are the conditions for sentencing in the instant case, such as the Defendant’s age, character and behavior, character and environment, are taken into account, it cannot be deemed that the sentence imposed by the lower court is too weak.

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.