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(영문) 인천지방법원 2015.05.13 2014노4925

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unhued and unreasonable.

2. In full view of the following factors: (a) the Defendant denied the instant crime; (b) the Defendant did not fully recover the damage; and (c) did not agree with the victim; (d) the criminal records of the same kind and the criminal records are not so significant; (b) criminal punishment exceeding the fine has no record of criminal punishment; and (c) other various sentencing conditions as shown in the records and arguments, including the Defendant’s age and happiness environment; and (d) the circumstances before and after the instant crime, etc., the lower court’s sentence against the

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.