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(영문) 대전지방법원 2013.12.12 2013노2014
사기
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (one year of imprisonment with prison labor, one year of suspended execution, and 80 hours of community service order) is too unhued and unreasonable.

Judgment

In light of the Act on the Acceptance of Crimes and the Number of Damage, etc. of this case, if we consider all of the sentencing conditions, such as the following: (a) the nature of the crime is not easy; (b) the fact that there was no agreement with the victim up to the trial; and (c) the past that there was the history of having been punished as a crime of the same kind; (c) the motive and circumstances leading up to the crime of this case are recognized, but there are circumstances that may consider the motive and circumstances leading to the crime of this case; (d) the fact that the defendant could not obtain particular benefits from the crime of this case; (e) there is no history of being sentenced to suspension of qualification or more severe punishment; and (e) the age, character

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

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