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춘천지방법원 강릉지원 2016.04.14 2015노673
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (10 million won) imposed by the court below is too unfased.

2. The crime of this case is a situation unfavorable to the defendant, such as the crime of this case, which committed the crime of this case without being aware of, and without being aware of, the defendant's desire to receive payment of the price, interfere with his duties by avoiding disturbance, which was committed against the conflicting police officers, and that the crime of this case was not committed, and the crime of this case was committed several times of fines under the same veterinary act, which was punished as a crime of fraud, and the crime of this case is committed without being aware of during the suspension period of execution due to violent crimes.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the amount of fraud is not large; (c) the victim of the insult was committed; and (d) the victim submitted a written application to the effect that he/she asked the Defendant to take a prior action against the Defendant; (b) the Defendant’s health status is not good; and (c) the Defendant was hospitalized several times due to symptoms of alcohol respect and depression; and (d) other circumstances, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime; and (e) the motive, means and consequence of the instant crime; and (e) the circumstances after the commission of the crime, etc., the sentence imposed by the lower court is too unjustifiable and thus unfair.

The prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion 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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