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(영문) 의정부지방법원 2013.09.06 2013노943

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in eight months of imprisonment) is too unhued and unfair.

2. The sentencing materials that are disadvantageous to the Defendant are the following: (a) the acquisition of fraud in this case is more convenient; and (b) the Defendant committed this case as a staff member of the victim company with trust relationship and committed this case.

However, in a comprehensive review of all sentencing factors indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, means and consequence of the crime, etc., the sentence of the lower court is too unreasonable and unreasonable, and thus, the Prosecutor’s allegation in the grounds of appeal is groundless.

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.