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(영문) 인천지방법원 2015.01.23 2014노1240
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment with prison labor for six months and one year of suspended execution) is too unfluent.

2. The judgment of the defendant committed the crime of fraud against two victims repeatedly, the defendant did not agree with the victim C among the victims of this case, and there are unfavorable circumstances, such as that the amount of damage was not significant.

However, in full view of all the circumstances, including the fact that the defendant recognized each of the crimes of this case and reflects depth, each of the crimes of this case is a crime committed before and after the judgment of the court below, which was committed at a time similar to the crime of this case, and which could have been tried simultaneously with the judgment of the court below, there was no record of other crimes except for the crime before and after the judgment of the court below, that the defendant agreed smoothly with the victim E, that the defendant is old, health condition is not good, and that there is no risk of recidivism in the future, and that there is no change in circumstances or circumstances that can be newly considered in sentencing after the sentence of the court below, and that there is no change in circumstances that are newly considered in sentencing, and all other circumstances that are conditions for the argument and sentencing of this case, such as the motive and behavior of the defendant, environment, motive and consequence of each of the

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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