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(영문) 의정부지방법원 2013.11.20 2013노2088
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of 10 months of imprisonment sentenced by the court below is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The circumstances favorable to the defendant (the facts of the crime of this case in which the defendant confessions a part of the crime of this case and states that the defendant's family members and branch members want to take into account the motive and circumstances of the crime of this case, there are some circumstances to consider the motive and circumstances of the crime of this case, the victim also seems to be partially responsible for the occurrence of the crime of this case and the expansion of damage, the victim has no criminal record of the same kind, and there are only four criminal records of the crime of this case and there are no records of suspended execution or more severe punishment) and unfavorable circumstances (the means and result of the crime of this case in light of the degree of damage, the nature of the crime is not easy, the victim's agreement or the degree of damage has not been reached until now, the decision of the court below shows that 10 months have been sentenced to imprisonment with prison labor which is the lowest of the sentencing sentencing guidelines, and there are no special circumstances to change the defendant's age, character, environment, motive and condition of the crime of this case in this case, and there are no other circumstances that the court below's sentencing and circumstances are unfair.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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