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(영문) 부산지방법원 2014.10.02 2014노2408

사기

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (limited to four months of imprisonment, two years of suspended execution, and 40 hours of community service) is too uncomfortable and unfair.

Judgment

In light of the circumstances unfavorable to the Defendant, or the fact that the Defendant did not reach an agreement with some victims, etc. up to the time of the trial, etc., the Defendant committed the instant crime, which was unfavorable to the Defendant; the Defendant made an agreement with the victim W, E; the Defendant deposited some of the money for the victim H andY; and the Defendant made efforts to recover damage, such as partially repaying the amount to P; and the amount of each of the instant damage was relatively small; and other circumstances, which are the conditions for sentencing specified in the instant records and arguments, such as the motive and background of the instant crime; the circumstances after the commission of the crime; the Defendant’s age, character and conduct, and environment, are considered as inappropriate.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.