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(영문) 전주지방법원 2013.07.12 2013노421
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two months of imprisonment and two years of suspended execution) is too unfased and unreasonable in light of the overall sentencing conditions in light of the gist of the grounds for appeal.

2. Although the judgment on the grounds of appeal of this case does not include a total of 65 million won, the defendant is aware of the crime of this case and is repented in depth, the defendant agrees to divide and pay in the criminal conciliation procedure the victim does not want punishment, and the defendant pays a total of 18 million won until July 2013 in accordance with the above agreement, the crime of this case may be mitigated or exempted from punishment in consideration of equity and the case where the judgment becomes final and conclusive on September 28, 2011 and the latter concurrent crimes of Article 37 of the Criminal Act are concurrent crimes. In full view of various sentencing conditions of Article 51 of the Criminal Act, such as the defendant's age, character, environment, criminal records, criminal records, circumstances leading to the defendant's crime of this case, means and result, before and after the crime of this case, and the judgment of the court below is not justified. Thus, the prosecutor's assertion of unfair sentencing is not justified.

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

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