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(영문) 인천지방법원 2015.01.09 2014노4096

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered against the defendant is too uncomfortable and unfair.

2. In full view of all the circumstances, including the fact that the Defendant committed the instant crime even during the period of repeated crime due to the same crime, and the fact that the Defendant did not have agreed with the victim, the Defendant recognized each of the instant crimes and is in profoundly against the victim. The Defendant’s repayment of KRW 5 million to the victim during the trial process of the lower court, the Defendant’s family members to support the Defendant, the Defendant’s character and behavior, environment, amount of damage, motive and means of the instant crime, and consequence, and all other circumstances that form the conditions for the argument and the sentencing specified in the record, including the circumstances after the sentence of the lower court, are deemed adequate.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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.