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(영문) 부산지방법원 2016.06.03 2015노4465
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one hundred months of imprisonment and two years of suspended sentence) is too unhued and unfair.

2. The judgment defendant has been punished for the same kind of crime several times, and there is a need to punish the defendant by putting the crime of this case again during the suspension of execution due to the same kind of crime.

However, the court below's decision needs to be respected as there is no change in sentencing conditions compared with the original court's decision because new sentencing materials have not been submitted in the court below's trial, and the defendant is willing not to repeat the crime of this case in depth and again.

In full view of the following: (a) the fact that the victim has reached an agreement with the victim; (b) the father and children suffering from dementia who suffer from the stable job; and (c) the circumstance and result of the instant crime; (d) the circumstances after the instant crime; (e) the character and conduct of the Defendant; and (e) the circumstances of the sentencing specified in the records and arguments, such as the Defendant’s character and behavior; and (e) the age, etc., the lower court’s sentencing is too unjustifiable and unreasonable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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