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(영문) 서울북부지방법원 2013.04.10 2012노1655

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the defendant was punished for the same kind of crime, committed the same crime during the period of repeated crime, and did not recover from damage, the sentence imposed by the court below (one million won of fine) is too uneased and unreasonable.

2. In full view of the following facts: (a) the Defendant recognized all of the instant crimes from the investigative agency and reflects on the fact that the Defendant committed the instant crime under the influence of alcohol; and (b) the Defendant appears to have committed the instant crime by contingently under the influence of alcohol; and (c) hospitalized in the hospital until now after the instant crime, and under the treatment of habiting drinking and depression, the lower court’s sentencing is too uncomfortable and unfair, even considering the circumstances in which the Prosecutor took into account as the grounds for appeal, and thus,

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.