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(영문) 전주지방법원 2015.01.09 2014노796
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (five million won of a fine) against the Defendant as to the summary of the grounds for appeal is unreasonable as it is too unhued.

2. In light of the fact that the Defendant was punished for the same kind of crime several times, the Defendant committed the instant crime even during the repeated crime period, and the Defendant did not reach an agreement with the victim, the Defendant should be punished strictly. Meanwhile, considering the fact that the Defendant recognized the instant crime and reflected it once, the Defendant deposited the amount equivalent to the amount of damage for the victim at the lower court, and other circumstances that form the conditions for sentencing as indicated in the instant case, such as the Defendant’s age, character and conduct, environment, family relationship, etc., the lower court’s punishment is deemed to be unreasonable as it is too uneasible. Thus, the Prosecutor’s allegation of unfair sentencing is without merit.

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

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