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(영문) 서울남부지방법원 2013.04.11 2012노2070
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the reasons for appeal by the prosecutor is that the punishment (500,000 won of fine) imposed by the court below is too unfasible and unfair.

Therefore, in light of the fact that the defendant committed the crime of this case even though he had been punished several times due to the same kind of crime, and that he did not recover from damage to the victim, it is reasonable to strictly punish the defendant.

However, if the defendant recognizes the crime of this case as a criminal act of this case, his mistake is divided in depth, and again, the defendant seems not to have committed such a crime, and the growth environment is deemed to have been significantly deteriorated, and it seems that there is no person who is currently mental and economicly, and the defendant is still under trial in the appellate trial after being sentenced for six months at the Incheon District Court on February 20, 2013, and the amount of damage is not only small amount, but also the economic situation of the defendant is difficult to the extent that the victim cannot be repaid even if he is not repaid, considering all other circumstances, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., it is not recognized that the arguments of this case and the sentencing indicated in the records of this case are too unreasonable even if the prosecutor asserts as grounds for appeal, considering all the circumstances asserted by the prosecutor as grounds for appeal, it is too unreasonable to deem the defendant to have been reversed.

Therefore, prosecutor's assertion is without merit.

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

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