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(영문) 서울중앙지방법원 2014.08.14 2014노2086
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentencing of the lower court (a fine of three million won) is too unhued and unreasonable.

2. Although the defendant had been punished several times for the same kind of crime, and at the same time did not take any measures to recover the victim's damage until the judgment was rendered, there are unfavorable circumstances, such as the fact that the defendant led to the confession of the crime of this case, and the amount of damage of this case was not much than five million won, taking into account the following circumstances: the defendant's age, character and behavior, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., of which punishment imposed by the court below is too unjustifiable, and thus, the prosecutor's assertion is without merit.

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

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