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(영문) 인천지방법원 2015.02.12 2014노3242
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (three million won of a fine) declared by the court below against the defendant is too unfilled.

2. The judgment seems to have high risk of repeating a crime by repeatedly winning the same type of the instant crime, and the Defendant, at the Incheon District Court on January 20, 2014, sentenced one year to a suspended sentence of April in the office to commit the instant crime on January 28, 2014, which became final and conclusive and conclusive on January 28, 2014, committed the instant crime during the suspended sentence period, etc., which are disadvantageous to the Defendant, or in favor of the Defendant, such as the circumstance unfavorable to the Defendant, the fact that the Defendant recognized the Defendant’s mistake, and that the Defendant agreed with the victim at the lower court, and other circumstances, which are favorable to the Defendant’s age, character, conduct, and environment, are considered to have exceeded the bounds of reasonable discretion in determining sentencing. It cannot be deemed that the lower court’s sentence against the Defendant exceeded the bounds of reasonable discretion in determining sentencing.

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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