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(영문) 대전지방법원 2015.01.22 2014노2007

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation) declared by the court below is unreasonable.

2. The judgment is an unfavorable circumstance that the defendant obtained money from many victims to the extent that the amount of damage has not been much and the damage has not been recovered or has not been agreed with the victims.

However, in full view of the following facts: (a) the defendant is against the defendant and there is no previous penalty power for the defendant; (b) the defendant was unable to repay and recover from damage due to health conditions; (c) the placement of the defendant in his/her custody does not seem to have any particular help to recover damage; and (d) the equitable consideration of the case at the same time with the crime for which judgment has become final and conclusive; and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances before and

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.