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(영문) 의정부지방법원 2013.09.05 2013노1141

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. The judgment of the court below is appropriate and unreasonable considering various sentencing factors indicated in the instant case, such as the Defendant’s age, character and conduct, occupation and environment, background and result of the crime, circumstance after the crime, etc., where the Defendant had been sentenced to a fine twice on October 13, 2012 due to obstruction of performance of official duties, etc., even though he/she had been sentenced to a fine twice for three months after the execution of imprisonment with prison labor on October 13, 2012.

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.