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(영문) 대전지방법원 2013.12.31 2013노1995
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the fine of KRW 4,000,000, which the court below declared, is too unfluent and unreasonable.

2. In light of the following facts: (a) although it is recognized that the Defendant had been punished several times for the same kind of crime, and that the Defendant committed each of the instant crimes without being aware of the fact that the Defendant committed a repeated crime even during the period of repeated crime, the Defendant’s mistake is against himself; (b) the amount of damage caused by each of the instant crimes is minor; and (c) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (d) other factors of sentencing prescribed in Article 51 of the Criminal Act, such as the Defendant’s age, character and behavior, environment, motive, means and consequence before and after the crime, it cannot be deemed that the sentencing of

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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