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(영문) 인천지방법원 2015.12.11 2015노3270
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (6 million won of a fine) declared by the court below against the defendant is too unfluent.

2. In full view of the following circumstances: (a) the amount of damage caused by the instant crime is considerable; (b) the Defendant committed the instant crime during the suspension of the execution period for the same kind of crime; (c) the Defendant paid the amount of damage to the victim in full and agreed smoothly; and (d) the Defendant’s character, character, environment, motive and means of the instant crime and consequences; and (e) other circumstances that form the conditions for sentencing as indicated in the instant argument and the record, including the circumstances after the instant crime, are deemed adequate

Therefore, the prosecutor's assertion of unfair sentencing 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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