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(영문) 인천지방법원 2015.11.19 2015노1774 (1)
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable since the sentence imposed by the court below on the defendants (for the defendant A, four months of imprisonment, two years of suspended sentence, two years of probation, one hundred and sixty hours of social service, nine million won of fine) is too unfluened.

2. In full view of the following circumstances: (a) Defendant A agreed with the victim of the crime of fraud; (b) Defendant B was detained for up to two months due to the instant case; (c) the Defendants led to confession and reflect against the Defendants; and (d) the Defendants’ age, character and conduct, motive, means and consequence of the instant crime; and (c) the conditions for sentencing, such as the circumstances after the commission of the crime, cannot be deemed unreasonable as the lower court’s sentence against the Defendants is too unreasonable.

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

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