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(영문) 서울동부지방법원 2019.08.13 2019노191
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal (e.g., a fine of 4 million won) by the lower court against the Defendant is too unhued and unreasonable.

2. The reasoning of the judgment of the court below in light of the following facts: (a) the crime of this case was committed during the period of repeated crime; (b) the attitude of the act; and (c) the attitude of the act; and (d) the fact that the defendant received considerable money from the victim after paying it to the victim; (b) the defendant paid additional KRW 1 million in the trial; and (c) the defendant is against the defendant, etc., the sentencing of the court below seems to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing as alleged by the prosecutor; and (d) there are no special circumstances to the extent that the sentencing should be changed ex post facto, the prosecutor’s assertion of unfair sentencing is

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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