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(영문) 의정부지방법원 2015.01.30 2014노1461
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. In full view of all the circumstances such as the Defendant’s age, character and conduct, environment, circumstance and details leading to the instant crime, etc., and the sentencing conditions indicated in the record, such as the following: (a) although the Defendant did not agree with the victim and did not make any reimbursement for damage, the Defendant’s confession and is against the Defendant; (b) the gains acquired by the Defendant are not significant due to the instant crime; and (c) there are no criminal records exceeding the same criminal records and fines; and (d) the Defendant’s age, character and conduct, the circumstances leading

Therefore, the prosecutor's above assertion is without merit.

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.

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