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(영문) 대전지방법원 2013.11.07 2013노1231
사기
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

Judgment

In light of the Act on the Number of Crimes and the number of damages, etc. of this case, it is recognized that the crime is not less severe, and that it is a crime during the period of the suspension of the execution of imprisonment. Meanwhile, the defendant confessions and reflects the crime of this case, the victim does not want to punish the defendant. The crime of this case is related to the crime of this case and the crime of the latter concurrent crimes of Article 37 of the Criminal Act, such as the first head of the crime of this case in the judgment below, and the crime of this case is established at the same time under Article 39(1) of the Criminal Act. Considering all the sentencing conditions such as the crime of this case and the crime of this case which became final and conclusive under Article 39(1) of the Criminal Act, there is no record of punishment for the same crime, and the defendant's age, character

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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