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(영문) 부산지방법원 2015.08.28 2015노2079
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the penalty of the lower judgment (three million won of a fine) is too unhued.

2. The court below's reasoning is without merit, in full view of all the facts pertaining to the sentencing and the records and arguments of this case, including the background of the crime of this case, the defendant's age, occupation, character and conduct, environment, and circumstances after the crime, even though the damage of this case was not completely restored, it is recognized that the damage of this case was not completely restored, but the defendant has no same power, and the punishment should be determined in consideration of equity with the case where the judgment was rendered simultaneously with the crime of violating the Illegal Check Control Act which became final and conclusive. The court below's reasoning is without merit.

3. According to the conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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