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(영문) 부산지방법원 2014.10.10 2013노3534
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of a fine of one million won imposed by the court below to the defendant is too unhutiled.

2. The judgment of the court below is deemed to have a history of criminal punishment several times, and there is a history of criminal punishment more than 10 times for the same crime, and the injury has not been recovered from the court room. However, considering the following as a whole: (a) the amount of damage is merely 13,00 won; (b) the Defendant’s age, environment, occupation, family relationship, circumstances leading to the instant crime; and (c) the circumstances leading to the instant crime and circumstances before and after the instant crime, etc., the sentence of the court below is deemed to be too unjustifiable and unreasonable.

Therefore, 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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