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(영문) 서울북부지방법원 2015.07.17 2015노631
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (7 million won of a fine) is too unhued and unreasonable.

2. On November 22, 2014, when the Defendant completed a prison term of imprisonment due to fraud, etc., the Defendant re-offending again, and the prosecutor’s arguments that the victim’s liability is heavy since the victim’s damage has not yet been recovered, are acceptable. However, on the other hand, the result of the crime is relatively minor, and the number of days of detention prior to the declaration of the lower judgment exceeds 55 days, and all of the sentencing conditions indicated in pleadings, such as the Defendant’s age, character and behavior, home environment, are examined, the lower court’s sentence is too unjustifiable and thus,

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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