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(영문) 서울중앙지방법원 2016.01.22 2015노4474
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The first deliberation type (or imprisonment with prison labor for four months) of the summary of the grounds for appeal (unfair sentencing) is deemed improper because it is too uneasible.

2. The Defendant recognized the crime, thereby opposing the wrongness.

Although the defendant has a lot of criminal records for the same kind of crime, he does not have any criminal records.

The amount of damage is not so significant.

In addition, in full view of the Defendant’s age, sex, environment, details and details of the offense, and all the sentencing conditions as shown in the records and pleadings, even if considering all the circumstances alleged by the Prosecutor, the first deliberation sentence is too unfeasible and unfair.

The prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is without merit, and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, according to Article 25 of the Regulation on Criminal Procedure, the first head of the crime of the first instance judgment “the defendant is a person who is currently under the grace period after being sentenced to a suspended sentence of imprisonment for 4 months at the Gwangju District Court on September 25, 2013 and was sentenced to a suspended sentence of 2 years for fraud at the Gwangju District Court on October 3 of the

“” shall be deleted.

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