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(영문) 부산지방법원 2015.03.27 2014노4224
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the lower court (ten months of imprisonment, two years of suspended execution, and two hours of community service) is too unfased and unreasonable.

2. In light of the following, although the amount of damage caused by the instant crime was not much significant, there was no record of punishment imposed by the Defendant for a heavier penalty than a fine or any record of being punished for the same kind of crime, the Defendant confessions the instant crime and reflects depth, the circumstances to be considered in light of the circumstances leading up to the instant crime, the Defendant’s age, occupation, and all other matters pertaining to the sentencing specified in the records and arguments of the instant case are considered appropriate, and thus, the Prosecutor’s assertion is without merit.

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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