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(영문) 의정부지방법원 2014.11.13 2014노1408
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of suspended execution in six months of imprisonment, one year of community service order, and 80 hours of community service order) is deemed to be too unhued and unreasonable.

2. The judgment of the court below is against the defendant, and the crime of this case is in the relation between each crime of fraud for which the judgment has already become final and the concurrent crime under the latter part of Article 37 of the Criminal Act, and the principle of equity should be taken into account at the same time with the sentence of each crime of this case. In full view of the defendant's age, character and conduct, environment, and motive and circumstance leading to the crime of this case as well as the conditions of sentencing as shown in the records and arguments of this case, it is difficult to see that

3. Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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