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(영문) 인천지방법원 2014.06.19 2014노213
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment and two years of suspended execution) imposed by the court below on the defendant is deemed to be too uneasible and unfair.

2. In light of the various circumstances, such as the Defendant’s age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the sentence of the lower court is too unjustifiable and unreasonable, in view of the following: (a) although the Defendant did not agree with the victim or did not fully repay the amount of damage; (b) the Defendant was the primary offender who did not have any history of the crime prior to the crime of this case; (c) the Defendant led to confession and reflects the crime of this case; (d) deposited KRW 20 million for the victim; and (e) the Defendant’s age, character and conduct, environment, motive

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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