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(영문) 인천지방법원 2015.05.22 2015노547
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unfased.

2. Although there is no agreement with the victim company, considering the following circumstances: (a) the defendant did not reach an agreement; (b) the defendant recognized the crime of this case; (c) the defendant has no criminal records or criminal records of the same kind exceeding the fine imposed on the defendant; and (d) the defendant deposited a certain amount for the victim company; and (c) other damage amount; (d) the defendant’s age, character and conduct, the background, motive, means and consequence of the crime of this case; and (e) the circumstances after the crime, etc., the sentence imposed on the defendant is deemed appropriate

Therefore, the prosecutor's assertion of unfair sentencing 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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