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(영문) 서울서부지방법원 2015.11.06 2015노989
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of a fine) imposed by the court below on the defendant is too unhued and unfair.

2. In full view of the following factors: (a) the Defendant did not agree with the Victim G; and (b) the Defendant had been subject to criminal punishment three times; (c) the amount of damage caused by the instant crime is not relatively significant; (d) the victim C was not subject to criminal punishment against the Defendant; (c) the Defendant did not have any record of criminal punishment against the Defendant; and (d) the Defendant’s age, character and conduct, environment, method and consequence of the instant crime; and (e) all of the sentencing conditions, such as the Defendant’s age, character and conduct, the number and consequence of the instant crime;

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. It is so decided as per Disposition.

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