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(영문) 부산지방법원 2015.12.24 2015노3227
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two months of imprisonment and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. In full view of the following factors: (a) the Defendant did not agree with the victim, or did not recover from the damage, even though the amount of deception is not a large amount; (b) the Defendant’s confessioned the instant crime; (c) the first offender; and (d) the lower court already determined the punishment by fully taking into account the aforementioned circumstances; and (c) there was no change of circumstances that could vary between the lower court and the punishment; and (d) other factors that are conditions for sentencing, such as the Defendant’s age, character and conduct, intelligence and environment; and the motive, means, and consequence of the instant crime; and (e) the circumstances after the crime

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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

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