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(영문) 광주지방법원 2015.04.14 2014노1595
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. In light of the fact that the amount of defraudation caused by the instant crime is not indicated as KRW 20 million and that there is no agreement with the victim or no recovery from damage, etc., the relevant case shall be light.

shall not be deemed to exist.

However, in full view of the following factors: (a) the Defendant’s mistake is divided and reflected; (b) the Defendant has no criminal records of the same kind and no criminal records of the suspension of execution or higher; and (c) the Defendant has undergone cerebral mathy surgery (malithy) on March 5, 2014; and (d) continued to undergo flachicing therapy on kidy kidy species; and (b) the Defendant’s family environment, age, character and conduct, environment, and all other sentencing conditions indicated in the records of this case, it cannot be deemed that the sentence of the lower court is too unjustifiable and unreasonable.

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

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