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(영문) 서울중앙지방법원 2013.09.13 2013노2609
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal on the grounds of unfair sentencing. 2. The crime of this case in the judgment of the court of first instance is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act, and the amount of damage inflicted upon the victim was not so significant and the amount of half of the principal has been repaid until the court of appeal, and other various circumstances indicated in the argument of this case, including the defendant's age, character and conduct, environment, motive and circumstance of the crime of this case, and circumstances after the crime, are comprehensively taken into account. Thus, the prosecutor's above assertion disputing this point cannot be accepted.

3. Accordingly, we cannot accept the prosecutor’s appeal under Article 364(4) of the Criminal Procedure Act.

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