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(영문) 인천지방법원 2016.11.10 2016노1828
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, two years of probation, community service, 80 hours of imprisonment) declared by the court below is too uneasy and unreasonable.

2. It is recognized that the judgment of the defendant repeatedly committed a crime, such as taking-out meals, interference with business, assault, etc., which is not good quality, the damage was not recovered, and the defendant did not agree with the victims, the defendant has been sentenced to a fine for the same kind of crime, and even though the court below had taken the action of suspending the execution, the defendant became missing by lowering the end of the stay of execution.

However, in full view of the following circumstances: (a) the Defendant led to the confession and mistake of the offense; (b) the value of the food that the Defendant acquired by deception; (c) the degree of interference with duties, and assault is relatively minor; and (d) there is no record of being sentenced to a fine exceeding the fine due to the same kind or a different offense; and (c) other circumstances that are the conditions for sentencing, such as the Defendant’s age, character and conduct, the motive, means and consequence of the instant offense; and (d

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

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