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(영문) 인천지방법원 2015.05.15 2014노3466
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (two months of imprisonment and two years of suspended execution) is too unfased.

2. In full view of the circumstances that have not been determined or agreed on damage recovery or agreement, the court below’s sentence against the Defendant is reasonable, in light of the following: (a) the Defendant did not have any record of crime exceeding the fine; (b) the Defendant recognized and reflects the Defendant’s criminal act; and (c) the size of the amount acquired by deception, the character and conduct of the Defendant, the environment, the relationship to victims, the motive, means and consequence of the instant crime; and (c) the circumstances after the crime.

Therefore, the prosecutor's assertion 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 as it is without merit. It is so decided as per Disposition.

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