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(영문) 부산지방법원 2015.08.28 2015노941

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered by the defendant is too unhued and unfair.

2. It is recognized that the Defendant had a record of having been punished several times for the same crime, and that he/she once again committed the instant crime at the time when eight months have passed since the execution of the sentence became final and conclusive due to a similar crime.

However, considering the fact that the Defendant fully recognized the instant crime, that the Defendant agreed with the victim, that the damage amount of the instant crime was merely KRW 100,000,000, and that it is relatively small, and that it is difficult to attend the trial as a result, etc., the sentence of sentence on the Defendant is somewhat harsh. In full view of other circumstances, comprehensively taking account of the Defendant’s age, environment, family relationship, circumstances leading to the instant crime, and circumstances before and after the instant crime, etc., the sentence of sentence on the Defendant is 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.