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(영문) 의정부지방법원 2014.05.02 2013노1864
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of suspended sentence in six months of imprisonment) is too unhutiled and unfair.

2. Although the defendant did not agree with the victim and did not pay damages, there are circumstances such as that the amount of damage in this case is not very significant, the degree of deception or the intent of deception is relatively weak, the defendant does not have any previous criminal records, and there is no special penalty power except for a fine which has been sentenced once the indictment is suspended and twice a fine which has been sentenced to a long time, and in light of all the sentencing conditions as shown in the records and arguments of this case, such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances after the crime, etc., the court below's punishment is deemed to be unfair because the sentence of this case is too uneasible. Thus, the prosecutor's

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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