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(영문) 서울중앙지방법원 2013.06.27 2013노1306

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s punishment (fine 3,000,000) is too unhued and unreasonable.

2. In light of the background leading up to the Defendant to commit the instant crime, and the method of the commission of the crime, the Defendant should be punished strictly. However, considering the fact that the Defendant reflects the Defendant’s criminal punishment in depth from the investigation stage to the trial of the case, the victim does not want criminal punishment against the Defendant, equity in the case where the judgment was rendered at the same time as the judgment became final and conclusive, and other conditions of sentencing such as the Defendant’s age, character and conduct, environment and other sentencing, the sentence of the lower court cannot be deemed unreasonable.

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.

(However, the second sentence of the judgment of the court below is clear that the "two years of suspension of execution" in the second sentence of the judgment is a clerical error in the "three years of suspension of execution", and it shall be corrected ex officio in accordance with Article 25 (1) of the