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(영문) 제주지방법원 2015.10.08 2015노387
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) is too unhued and unreasonable.

2. The judgment of the defendant reached 11 times with the same criminal history, and, in particular, the crime of this case was committed on October 30, 2014 by the defendant who was sentenced two years to a suspended sentence of imprisonment for six months to imprisonment due to fraud, etc. and was committed again on November 7, 2014 after the judgment became final and conclusive on November 7, 2014, and was deemed to have not been recovered from damage even in the first instance, there is a need to punish the defendant with severe punishment.

However, considering the fact that the crime of this case is only one time and the amount of damage is relatively small, the defendant recognizes and reflects the crime of this case, the mental retardation disorder 2, and all other sentencing conditions, the lower court appears to have determined the sentence in consideration of the above circumstances while sentencing the defendant, and thus, it cannot be deemed that such sentence of the lower court is unfair because it is so unafford.

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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