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(영문) 서울중앙지방법원 2015.03.13 2015노24
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal is too unhued and unreasonable.

2. The Defendant had a record of having been punished several times for the same crime and committed the instant crime during the period of repeated crime.

However, the amount of damage is not so significant, and the defendant is able to repent his mistake in depth.

In addition, comprehensively taking account of the motive, means and result of the instant crime, the Defendant’s age, character and conduct, environment, health status, previous conviction, and circumstances after the commission of the crime, the lower court’s punishment is too uneasy and unreasonable.

Therefore, prosecutor's assertion is without merit.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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