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(영문) 부산지방법원 2014.05.30 2014노194

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of KRW 5 million imposed by the court below to the defendant is too unhutiled.

2. The judgment of the defendant committed each of the crimes of this case on April 17, 2012, even though he was sentenced to 6 months of imprisonment with prison labor, 2 years of suspended execution by larceny, etc. at the Busan District Court on April 17, 2012, even though he was sentenced to 2 years of suspended execution by theft, etc., he had a record of criminal punishment on several occasions due to fraud, larceny, fabrication of private documents, or uttering of an investigative document, violation of the Resident Registration Act, etc. The several criminal acts of this case are identical or similar to those of the crimes already punished, and the law of each of the crimes of this case did not agree with the victim to take part in the trial, and there is no evidence to prove that the defendant made efforts to recover damage in the records.

However, in full view of the following circumstances: (a) the Defendant’s recognition of all of the instant crimes; (b) the amount of damage caused by each of the instant crimes is not so significant; (c) the health of the Defendant is not good due to navigational exhaustion of the upper-board line function; (d) a basic livelihood security recipient; (b) economicly difficult for him/her as a basic livelihood security recipient; and (c) the Defendant’s age, environment, occupation, family relationship; (d) the circumstances leading to each of the instant crimes; and (e) the circumstances leading to each of the instant crimes; and (e) the circumstances before and after the instant crimes, etc., the lower court’s punishment cannot be deemed unfair.

Therefore, prosecutor's assertion 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.