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(영문) 부산지방법원 2014.07.25 2014노1050
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence of fine of KRW 7 million imposed by the court below to the defendant is too unfilled.

2. It is recognized that the instant crime committed during the period of repeated crime, such as the following facts: (a) the issue is not easy in light of the amount of damage inflicted on each of the instant crimes; (b) the Defendant has a history of criminal punishment several times; and (c) the Defendant has a history of criminal punishment seven times or more for the same type of crime;

However, in light of the following: (a) the Defendant committed each of the instant crimes when the Defendant was in the trial; (b) the lower court first agreed with the victim; (c) the victim expressed his intention not to punish the Defendant; and (d) the benefits actually acquired by the Defendant out of each of the instant crimes appears to have been significant; and (c) other circumstances that form the conditions for sentencing as indicated in the records, such as the Defendant’s age, environment, occupation, family relationship, circumstances leading to each of the instant crimes; and (d) before and after the instant crimes, the lower court’s sentence cannot be deemed unreasonable.

Therefore, prosecutor's assertion 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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