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(영문) 부산지방법원 2014.07.10 2014노1400
사기
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the lower court (six months of imprisonment, two years of suspended execution) is too unfluent and unfair.

Judgment

Even before the crime of this case was committed, the defendant did not reflect the fact that he had been punished once more than five times in total, including that he was punished for the same crime, and committed the crime of this case, and did not reach an agreement with the victim up to the trial court, etc. However, in light of the circumstances unfavorable to the defendant, such as the defendant's confession of all the crimes of this case, the defendant has made efforts to recover damage, such as paying the damage amounting to KRW 29 million at the court below, and paying the damages amounting to KRW 50 million at the court below and KRW 3 million in addition, taking into account the motive and circumstance of the crime of this case, circumstances after the crime of this case, the defendant's age, character and conduct, environment, etc., as well as various other circumstances that form the conditions of sentencing as specified in the records and arguments of this case, it is not deemed unfair to deem that the sentencing of the court below is too unab

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless. It is so decided as per Disposition.

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