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(영문) 인천지방법원 2014.08.08 2014노747
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (five million won of a fine) is too unhued and unreasonable.

2. The judgment defendant committed a repeated crime resulting from the same crime, and has been punished for the same kind of crime three times even before, during the repeated crime period.

However, in full view of the following circumstances: (a) the amount of damage caused by the instant crime is not so significant; (b) the Defendant was not subject to the Defendant’s punishment by mutual consent with the victim; (c) the Defendant shows the attitude of recognizing and opposing the Defendant’s mistake; and (d) other circumstances that form the conditions for sentencing as shown in the records and pleadings, such as the Defendant’s age, character and conduct, motive and circumstance of the offense; and (c) circumstances after the commission of the offense

The prosecutor's assertion 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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