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(영문) 서울동부지방법원 2014.04.11 2013노1567
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of suspended execution in August, community service order, 80 hours of community service order, surcharge 14.5 million won) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unfortunate and unfair.

2. The judgment of the court below reflects the defendant's wrong living in custody for a certain period of time at the investigation and original instance, and there is a family member to support the defendant. The damage amount of this case is not large as 14.5 million won, and the victim was able to recover from damage, and the victim was also responsible for gaining profits by dealing with the case of suspension of business through solicitation of public officials of the Ministry of Health and Welfare through the Ministry of Health and Welfare. The defendant has been punished for the same crime for the last 10 years (one suspended sentence of execution, one time of fine), and the defendant was arrested and detained during the investigation stage due to the crime of this case. The crime of this case was committed by the defendant as if the defendant were arrested and prosecuted during the investigation stage of the crime of this case. The crime of this case was committed through the public official of the Ministry of Health and Welfare to deal with the case of suspension of designation of medical care institution for the pharmacy operated by the victim's wife, and the crime of this case was committed by deceiving 114.5 million won in total with rain funds, and the nature of the crime of this case.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since all of the appeal filed by the defendant

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