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(영문) 대구지방법원 2014.12.05 2014노1766
준사기
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 (two months of imprisonment and two years of suspended execution) is too unhued and unfair.

2. The crime of this case constitutes an unfavorable circumstance under which the defendant was given approximately KRW 24 million for the purchase price of forest land owned by his company by using a mental disorder of the victim. However, the defendant is making a confession of all of the crimes of this case and reflects his mistake, the defendant is a primary offender, the defendant deposited incentives received from the above company for the victim, and other circumstances, such as favorable circumstances, such as the defendant's age, character and conduct, and environment, which are conditions for the punishment of this case, including the fact that the defendant's punishment imposed by the court below is unjustifiable, and thus, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal 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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