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(영문) 인천지방법원 2018.02.02 2017노3927
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (one year of suspended sentence in six months of imprisonment) is too unhued and unfair.

2. In the absence of agreement with the victim, the details of the instant case and the circumstances that the damage to the victim is minor.

Although it is not visible, it is recognized that there is no particular criminal history except that the defendant has been sentenced once to a fine due to the same kind of crime before the present case, and that there is no family member to support the defendant and there is no economic situation at the same time as the previous crime of the present case. Considering all the sentencing conditions specified in the arguments of the present case, such as the defendant's age, sex, sex, environment, family relationship, health status, criminal history, motive, means and consequence, etc., the sentence imposed by the court below is too unjustifiable and unfair.

3. Accordingly, 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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