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(영문) 의정부지방법원 2019.09.26 2019노892
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is as follows: (a) the lower court’s imprisonment for an excessive period of time is deemed unreasonable; (b)

2. In light of the judgment, many of the defendants repeated the same criminal conduct during a short period of time, and the amount of damage is not significant, and the victims’ agreement and no recovery from damage are made, etc. are disadvantageous to the defendant.

However, the first head of the crime of this case, where the judgment of the court below became final and conclusive, is against all the Defendant’s confession of the crime of this case (one year of imprisonment and 300,000 won for the crime of which the Defendant was sentenced to a fine in concurrent crimes under the latter part of Article 37 of the Criminal Act) and the first head of the crime of this case (the Defendant’s mental disorder caused the crime of this case to the crime of this case, nine times following the commission of the crime of this case, fifteen times following the commission of the stolen credit card and the violation of the Specialized Credit Finance Business Act, three times of the attempted fraud, three times of the attempted fraud, one time of the non-exclusive fraud, one time of the non-exclusive driving, and three times of the non-exclusive driving and embezzlement). In full view of the following circumstances, the sentence of the court below is unreasonable.

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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