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(영문) 서울중앙지방법원 2014.01.10 2013노3965

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is unreasonable. 2. The prosecutor's above assertion disputing this point is not acceptable, in full view of the following circumstances: (a) the defendant has no record of being punished for a similar type of crime prior to the instant crime; (b) the balance of sentencing between the defendant and the accomplices in the case where the judgment was rendered simultaneously with the final and conclusive crime; and (c) the defendant's age, character and conduct, environment, motive and circumstance of the instant crime; and (d) the circumstances after the instant crime were committed.

3. Accordingly, we cannot accept the prosecutor’s appeal under Article 364(4) of the Criminal Procedure Act.