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(영문) 인천지방법원 2013.12.12 2013노1726

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the court below (two months of imprisonment, two years of suspended execution, and probation) is too unhued and unfair.

2. In light of the fact that the defendant was punished for the same kind of crime, the fact that the damage recovery has not been properly performed until the trial of the court below is disadvantageous to the defendant, or that the amount of fraud is only 1,000,00, there is no record of punishment since 2000, there is some circumstances to consider the circumstances, and other factors such as the defendant's age, character and conduct, background and result leading to the crime of this case, and various sentencing conditions as shown in the records and arguments, such as the circumstances before and after the crime, it cannot be deemed that the sentence imposed by the court below is too unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.