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(영문) 서울중앙지방법원 2015.03.19 2014노4948
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (a fine of 1.5 million won) against the defendant in the summary of the grounds for appeal is too unhued and unreasonable.

2. In full view of the following factors: (a) the victim does not want the punishment of the defendant by mutual consent with the victim; and (b) the crime of this case could have been tried simultaneously with the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act in relation to the previous conviction in the judgment; and (c) overall sentencing conditions in the records and arguments of this case, even if considering the circumstances unfavorable to the defendant, such as the fact that the defendant was punished several times due to the same kind of crime, the sentence imposed by the

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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