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(영문) 광주지방법원 2015.08.11 2014노2497
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 and two years of suspended execution) is too unfluent and unfair.

2. In full view of all the factors such as the amount obtained by the Defendant by deception is not less than KRW 24 million, the disadvantageous sentencing factors such as the fact that the Defendant got out of North Korea, and the fact that the Defendant supported his wife 1 who is 2.5 million old, the Defendant discharged the Defendant’s repayment of the amount of damage to the Defendant, and other favorable sentencing factors such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that are conditions for the sentencing as specified in the records and arguments of this case, including the circumstances after the crime, and the equity between the case where the judgment was rendered simultaneously with the crime of violation of the Punishment of Violences, etc. Act (joint injury) against which the judgment became final and conclusive, the lower court’s sentence against the Defendant is too unjustifiable.

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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