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(영문) 인천지방법원 2015.05.01 2014노4542
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment and two years of suspended execution) is too unhued.

2. Determination has been made repeatedly over a considerable period of time, and the amount of damage therefrom is also significant; however, the defendant recognized the crime of this case and reflects its depth; there are some circumstances to consider the circumstances leading to the crime of this case; the defendant has no record of being punished for the same crime; the defendant has no record of crime exceeding the fine; the total amount of damage in this case was recovered; the defendant's character and conduct, environment, relationship with the victim; the motive, means and consequence of the crime of this case; the circumstances after the crime of this case, etc. are considered as appropriate.

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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