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(영문) 의정부지방법원 2013.12.04 2013노944
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the sentence imposed by the court below on the defendant (two years of suspended sentence in eight months of imprisonment, and eight hours of community service order) is too unhued and unreasonable;

2. Although there are circumstances unfavorable to the defendant, such as the fact that the victim agreement or full damage recovery has not been made up until the judgment has been made, there are circumstances that may be some factors to consider the motive and circumstance of the crime in the case where the defendant intentionally committed the act of deception in negligence, the defendant has no criminal record of the same kind, the fact that the defendant has no criminal record of the same kind, the age of 71 years old, the court below appears to have determined the punishment within the scope of the recommended sentence set by the sentencing guidelines considering the various circumstances of the defendant, and there are no special circumstances to change the sentence of the court below, and in full view of the defendant's age, occupation, character and behavior, character, intelligence and environment, motive and background, means and consequence of the crime of this case, degree of damage, criminal record, relationship with the victim, circumstances after the crime, family relation, etc., the 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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