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(영문) 인천지방법원 2014.08.22 2014노992
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (two million won of a fine) is too unhued and unreasonable.

2. The judgment of the accused committed the instant crime during the period of suspension of execution for the same crime, and even before being punished 13 times for the same crime.

However, in full view of the circumstances that are favorable to the defendant, such as the fact that the amount of damage caused by the instant crime is not significant, and the victim is not subject to the punishment of the defendant, and other circumstances that are conditions for sentencing as shown in the records and arguments, such as the motive, background, means and consequence of the instant crime, the circumstances after the instant crime, the age, character and conduct, family environment, and health conditions of the defendant, it cannot be deemed that the lower court’s punishment is too unjustifiable and unreasonable.

The prosecutor's assertion is without merit.

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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