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(영문) 의정부지방법원 2015.02.13 2014노1996
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended execution in six months of imprisonment, and eight hours of social service) declared by the court below is too unfased and unreasonable.

2. The fact that the defendant committed a lot of fraud against many victims, and that the defendant did not agree with the victims even before the trial, etc. are disadvantageous reasons for sentencing.

However, in full view of all the circumstances, including the Defendant’s confession and reflect on the instant crime, the Defendant appears to have recovered part of the victims’ damage during the period from the commission of the crime to the original trial, and the Defendant, except for the Defendant who was sentenced to a fine of KRW 300,000 by larceny in 2010, there is no record of criminal punishment, and the Defendant’s age, character and behavior, environment, occupation, circumstance and details leading to the instant crime, and circumstances leading to the instant crime, etc., the sentence of the lower court cannot be deemed to have been too unjustifiable and 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 on the ground that it is without merit. It is so decided as per Disposition.

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