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(영문) 전주지방법원 2013.06.28 2013노115
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two months of imprisonment, two years of suspended sentence, two years of probation, and 80 hours of community service order) is too unfasible in light of the overall sentencing conditions in light of the summary of the grounds for appeal.

2. The crime of this case in determining the grounds for appeal should be strictly punished by the Defendant in light of the following: (a) the Defendant acquired money from many victims through a used goods transaction site as a purchase price for goods; (b) the Defendant illegally used another person’s resident registration number in the process; and (c) the nature and circumstances of the crime are not good; and (d) the victims did not recover from damage.

However, in full view of the following facts: (a) the Defendant recognized all of the instant crimes, and there is no record of punishment for the same crime; (b) the amount of the instant fraud is relatively small; and (c) other various sentencing conditions specified in Article 51 of the Criminal Act, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the lower court’s punishment is too unreasonable and unreasonable; and (d) thus, the Prosecutor’s assertion of unreasonable 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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