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(영문) 대구지방법원 2014.05.30 2013노4207
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for four months and two years of suspended execution) of the lower court is deemed to be too unhued and unfair.

2. In full view of the following circumstances: (a) the Defendant did not agree with the victim up to the time of the trial; (b) the Defendant was found to have been sentenced to a suspended sentence of imprisonment for the same kind of crime; (c) the Defendant was found to have been sentenced to a two-time criminal conviction; (d) the Defendant recognized the Defendant’s mistake in lieu of the Defendant; (e) the Defendant made efforts to recover damage by depositing KRW 18 million in the relevant civil procedure for the victim; and and (e) other circumstances, such as the Defendant’s character and conduct, environment, motive, means and consequence of the crime; and (e) the circumstances after the crime, etc., the lower court’s sentence is too una

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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