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(영문) 청주지방법원 2014.12.12 2014노907
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The fact that the defendant had a record of having been punished several times for the same crime, that he/she committed the instant crime during the suspended execution period even though he/she was sentenced to imprisonment for six months as a crime of fraud on February 8, 2013, that he/she committed the instant crime during the suspended execution period, and that the sum of the acquired amount is not significant, is disadvantageous to the defendant.

However, in light of various sentencing conditions indicated in the records, such as the defendant's age, character and conduct, family relationship, means and consequence of the crime, etc., the court below's punishment cannot be deemed unfair because it is too unreasonable, considering the following circumstances: (a) the defendant is recognized as committing the crime of this case; (b) the victim does not want the punishment of the defendant by making full repayment of the amount of damage to the victims at the court below; and (c) the victim does not want the punishment by mutual consent; and (d) the court below sentenced the defendant for 8 months of imprisonment and 200 hours of suspended execution to the defendant in consideration of the aforementioned unfavorable circumstances against the defendant; and (b)

2. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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