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(영문) 대전지방법원 2015.10.21 2015노1114
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court on the Defendant is too unfased and unreasonable.

2. The fact that the amount of the judgment by fraud (13 million won) is not much, the fact that the defendant has served one time as a sentence for the same crime, one time as a suspended sentence, and seven times as a fine for the same crime is disadvantageous to the defendant.

However, the fact that the defendant accepted the judgment of the court below, and the fact that the defendant agreed with the victim is favorable to the defendant.

In full view of the above circumstances and other circumstances that led to the instant crime, including the circumstances and motive, the circumstances after the instant crime, the Defendant’s age, character and conduct, family relationship, environment, occupation, etc., and the conditions of sentencing as shown in the arguments and records, there is no change in circumstances to determine different sentences from the lower court. As such, the lower court’s sentence is too uneasible and unreasonable, the Prosecutor’s allegation of unfair sentencing is rejected.

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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