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(영문) 의정부지방법원 2013.05.09 2012노2599
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (a fine of KRW 500,00) on the summary of the grounds of appeal is too unfilled and unreasonable.

2. It is reasonable to recognize the circumstances, such as the fact that the plate has been saved, the damage recovery or agreement has not been reached with the victim, the fact that the defendant was not present on the date of trial after the request for formal trial, etc., and the fact that the crime of theless erosion is not good;

However, in light of all the sentencing conditions indicated in the records of the instant case, including the background leading up to the instant crime and the Defendant’s age, character and conduct, method of committing a crime, and circumstances after committing a crime, etc., the sentence of the lower court against the Defendant cannot be deemed unreasonable, in light of the following: (a) the Defendant did not have any other criminal records, other than once before and after a drunk driving fine; (b) the Defendant appears to have been sentenced to contingent punishment; (c) the Defendant was hospitalized to receive a mental therapy; and (d) the amount of damage was

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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