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(영문) 의정부지방법원 2013.06.21 2013노231

사기

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 judgment did not reach an agreement between the defendant and the victim, and the victim wanted to punish the defendant, and the fact that the amount of the fraud in this case is a big letter is the sentencing data disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant recognized the Defendant’s criminal act; (b) the Defendant paid a part of the amount for compensating for the damage of this case to the victim; (c) the Defendant appears to have arranged for the victim to receive a contract after the instant crime; (d) the Defendant’s age is 70 old age; and (e) the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime; (c) the means and consequence of the crime; and (d) the circumstances after the crime, etc., the lower court’s sentence is too unjustifiable and unreasonable; and therefore, (e) the Prosecutor’s grounds for

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.