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(영문) 인천지방법원 2015.09.18 2015노2252
사기
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 (limited to four months of imprisonment, one year of suspended execution, one year of community service work, 120 hours) is too unhued.

2. The judgment is based on the following facts: (a) the Defendant had a history of punishment several times for the same kind of crime; (b) the Defendant did not agree with the victim until the Defendant was in the trial; and (c) the damage has not been recovered.

However, on the other hand, considering the fact that the defendant recognized the crime of this case, the defendant's economic situation and health condition is not good, the defendant deposited KRW 1.5 million at the court below for the victim, and the repayment of additional KRW 300,000 to the court below for the above time, and the circumstances assigned by the prosecutor, which the court below took into account all these factors, appears to have determined punishment by imposing a community service order, and other sentencing conditions specified in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance of the crime of this case, and circumstances after the crime, etc., it is difficult for the prosecutor to accept the above argument by the prosecutor.

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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