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(영문) 부산지방법원 2015.01.30 2014노4385
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment (one year and six months of imprisonment) of the judgment of the court below is too unreasonable, and the prosecutor asserts that it is too unfasible and unfair.

2. In light of the records of this case and arguments, the court below determined the punishment by comprehensively taking into account the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, circumstances after the crime of this case, etc. The above sentencing of the court below is appropriate in light of the following: the victim of this case is the majority of the crime of this case which is disadvantageous to the defendant, the amount of fraud and embezzlement has not been recovered, the victims have not recovered from damage, and the victims wished to commit the severe punishment; the defendant both of the crimes of this case is dead and contradictory to the favorable grounds for sentencing; the defendant has no record of criminal punishment; and the defendant has no record of criminal punishment.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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