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(영문) 대전지방법원 2015.07.02 2015노1205
사기
Text

The appeal by the prosecutor is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months and two years of suspended execution) of the original judgment is deemed to be too unhued and unfair.

2. In light of the type of the instant crime, the amount of damage, etc., the liability for the instant crime is not less exceptionally, and the Defendant committed a fraudulent crime against the victim H during the period of suspension of the execution of imprisonment with prison labor for the same kind of crime, which the Defendant ought to be aware of.

However, there are extenuating circumstances, such as the fact that the Defendant made confession during the period of the trial, and his mistake is pened and reflected in depth, that all the victims have agreed with the judgment, that the equity should be considered in the case where the judgment was received at the same time as the crime of forging securities that became final and conclusive, etc. In full view of all the sentencing conditions such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable.

3. The appeal filed by the prosecutor with the conclusion is groundless, 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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