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(영문) 인천지방법원 2015.05.15 2015노383 (1)

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (ten months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. The amount of fraud by fraud is not so big and is not agreed with the victim. While the defendant continuously denies the crime of this case and does not reflect the fact, the degree of participation in the crime of this case is relatively minor compared to the accomplice, there is no record of criminal punishment exceeding the fine, and other various sentencing conditions in the records and arguments, such as the defendant's age and criminal records, the situation before and after the crime, etc., it cannot be deemed unfair because the defendant's punishment against the defendant is too uneasible.

3. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.