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(영문) 인천지방법원 2015.04.24 2014노4701
컴퓨터등사용사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a prison term of one year, a suspended sentence of two years, a probation, a community service for 120 hours, a confiscation) imposed by the court below is too uneased and unreasonable.

2. It is recognized that the Defendant committed the instant crime even though he had been subject to punishment several times for the same kind of crime, and that the nature and circumstances of the instant crime are not weak, and that the Defendant did not recover its profits even though he did not receive a considerable amount of imports from obscenity prisoners of war.

However, in full view of the following circumstances: (a) the Defendant recognized the instant crime; (b) the Defendant has no record of criminal punishment heavier than a fine; (c) the Defendant had been detained for two months due to the instant crime; and (d) the Defendant has paid time to reflect; (b) the Defendant has not actually suffered any substantial damage due to the Defendant’s fraudulent act; and (c) the circumstance assigned by the Prosecutor appears to have determined the penalty by imposing probation and community service order after considering both the lower court’s circumstances; and (d) other various circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character, conduct and environment, the lower court’s sentence is too uneasible and unreasonable

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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