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(영문) 광주지방법원 2013.10.02 2013노1302
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the reasons for appeal (two years of suspended sentence in six months of imprisonment) is too unhued and unreasonable.

2. The instant crime was committed by the victim with a total sum of KRW 18 million as entertainment expenses for the employment of the children, and the fact that it was not agreed with the victim until this court is disadvantageous to the victim.

However, considering the following as a whole: (a) the Defendant recognized his mistake; (b) the Defendant deposited 3 million won for the victim when the Defendant reached this court; (c) the Defendant did not have a same criminal record; and (d) the Defendant did not have good health due to the age of 71 years old; and (c) other various sentencing conditions specified in the instant pleadings, such as the background of the instant crime; (d) circumstances after the commission of the crime; (e) the Defendant’s age; and (e) the Defendant’s age, character and conduct; and (e)

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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