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(영문) 광주지방법원 2015.09.24 2015노256
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (a fine of three million won) is too unhued and unreasonable.

Judgment

In particular, on July 24, 2013, the defendant was sentenced to a suspended sentence of four months due to his/her imprisonment on July 24, 2013, and on August 1, 2013, the fixed date of the indictment seems to be written in writing on August 1, 2014.

The crime of this case was committed since the judgment became final and conclusive and the probation period has not elapsed, etc. is an unfavorable sentencing factor.

However, considering the following factors: (a) the fact that the Defendant is recognized as committing the instant crime and is against himself/herself; (b) the amount obtained by deception is less than the amount obtained by deception in the case of fraud; (c) the Defendant agreed with the victim C in the case of insult; (d) the Defendant appears to have committed a contingent crime in the case of insult; (e) the Defendant’s health is not good due to hearing impairment 5 level and chronic pulmonary diseases; and (e) the Defendant is an economically difficult situation; and (e) other factors of sentencing as indicated in the pleadings, such as the background of the instant crime, circumstances after the instant crime; (e) the Defendant’s age, character and conduct, and environment, it is not recognized that the lower

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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