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(영문) 의정부지방법원 2015.11.03 2015노1330
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (two months of imprisonment, two years of suspended execution, and eight hours of social service) is too unfased and unreasonable.

2. Determination

A. It is recognized that the defendant deceivings the victims to supply the households as if they were to supply them, and that the defendant did not agree with the victims, most of the damage was not recovered, and that there was no history of criminal punishment on several occasions.

B. However, in full view of all the circumstances, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence of the lower court is too uneasible and unreasonable, even though the amount acquired by the Defendant through the crime of this case is not high, the amount of money was paid to two victims, and there is no record of criminal punishment for the same crime of fraud, and there is no record of criminal punishment for the same crime of fraud, and other circumstances that are conditions for sentencing, such as the circumstances after the crime.

C. Therefore, prosecutor's assertion is without merit.

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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