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(영문) 전주지방법원 2014.09.05 2014노553
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (2,000,000 won of fine) declared by the court below is too unhued and unreasonable.

2. The judgment of the defendant has the record of being punished several times for the same crime, and in particular, on February 14, 2013, the defendant was sentenced to two years of imprisonment for the same crime and committed the crime of this case during the probation period after being sentenced to two years of the probation period. However, in full view of the various circumstances such as the defendant's age, character, environment, family relationship, motive, means and consequence of the crime and the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable, considering the following factors: (a) the defendant led to the crime of this case; (b) the amount of damage is relatively minor; (c) the defendant agreed with the victim; (d) the defendant was receiving the treatment with alcohol dependence; and (e) the defendant is undergoing the active treatment in the future; (c) the above probation has been revoked; (d) the defendant is currently serving in prison; and (e) the defendant's age, character,

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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