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(영문) 의정부지방법원 2013.08.13 2013노942
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of probation, community service, etc.) is too unhued.

2. The judgment of the court below is recognized as the following facts: (a) the defendant has been sentenced two times to a suspended sentence of imprisonment for the same kind of crime; and (b) the defendant did not recover from damage up to the present; (c) the defendant reflects the mistake while committing the crime; (d) the profits actually acquired by the defendant are less than the amount obtained by deception; (e) the extent of deception in light of the contents and methods of deception; and (e) other factors of sentencing as indicated in the instant case, such as the defendant’s age, character, conduct, occupation and environment; (e) the process and consequence of the crime; and (e) the circumstances after the crime, etc., are adequate and too unreasonable.

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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