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(영문) 서울중앙지방법원 2013.11.14 2013노3197
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. On September 30, 2009, the Defendant had the same criminal records, such as being sentenced to a suspended sentence of one year for a period of four months for the commission of fraud, violation of the Specialized Credit Financial Business Act, etc. On November 26, 2012, the Defendant again committed the instant crime during the repeated period after having completed the execution of punishment due to night intrusion and larceny, etc. on November 26, 2012; on the other hand, the Defendant was committing the instant crime; on the other hand, the Defendant was committing the instant crime at the time of committing the instant crime; on the other hand, the instant crime constitutes a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Larceny) and the latter part of Article 37 of the Criminal Act in relation to the crime of violation of the first head of the instant crime at the time the judgment becomes final and conclusive; the Defendant’s age, character and environment, motive, means and consequence of the instant crime, as well as the circumstances after committing the instant crime, and thus, the Defendant’s assertion and the Defendant’s assertion is unreasonable.

3. If so, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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