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(영문) 서울북부지방법원 2013.07.10 2013노439
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (exemption from punishment) is too unfased and unreasonable.

2. According to the judgment, the defendant committed the crime of this case since he was sentenced to imprisonment for the same kind of crime and was released from prison. The defendant committed the crime of this case without agreement with the victim. There are many previous and previous circumstances that the defendant did not reach an agreement with the victim. The crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the first head of the crime of this case at the time the judgment became final and conclusive. The crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act and must consider equity with the case at the same time under Article 39(1) of the Criminal Act. The defendant was unable to receive regular school education. The defendant was unable to receive a school education, and his living without any special occupation was caused to a high-frequency case. The damage amount of the crime of this case was not more than 22,00 won, and the defendant's motive, age, character and behavior, family relationship, circumstances after the crime of this case, and there are no arguments that the court below sentenced the above sentencing is too unfair.

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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