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(영문) 서울서부지방법원 2013.10.08 2013노310
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that of the lower court’s punishment (500,000 won) too minor;

2. The fact that the defendant was not only subject to criminal punishment for the same kind of crime, but also commits the crime of this case again despite the suspension of execution is an unfavorable sentencing factor against the defendant.

However, in full view of the various sentencing conditions shown in the argument of this case, the sentence imposed by the court below on the defendant is within the proper sentencing range, such as the fact that the defendant was the disabled of the second degree in the mental retardation where he was treated with long-term depression, excessive evidence, and the amount of damage caused by the crime of this case is insignificant and the victim agreed smoothly with the victim.

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

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