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(영문) 부산지방법원 2014.11.20 2014노2671

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (a fine of three million won) is too unhued and unfair.

Judgment

In light of the circumstances unfavorable to the Defendant, including the fact that the Defendant was punished five times for the same crime, and in particular, the Defendant committed the instant crime without any reflection even during the period of repeated crime, and the fact that the Defendant committed the instant crime without any reflection, etc., which is unfavorable to the Defendant; however, the Defendant is making a deep confession of all the instant crimes; the victims do not want the Defendant’s punishment by mutual consent; the victims do not want to be punished; the degree of damage to the victims is relatively heavy; and other circumstances, which are the conditions of sentencing specified in the instant records and arguments, such as the motive and background of the instant crime; the circumstances after the instant crime; the Defendant’s age, character and conduct, etc., are considered to be less severe and unreasonable.

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.