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(영문) 부산지방법원 2015.09.18 2015노2441
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The defendant asserts that the decision of the court below on the summary of the grounds for appeal is too unfasible to the punishment (four months of imprisonment), and that the prosecutor is too unfased and unfair.

2. The court below's reasoning is without merit, in light of the following facts: (a) although it is acknowledged that the defendant agreed smoothly with the victim F in the trial; (b) the defendant reflects the crime of this case; (c) the defendant has the same record of fine (two times); (d) the amount of damage of this case (total 17 million won); (e) the amount of damage of this case (total 12 million won); and (e) the amount of damage has not been recovered for the victim I (amount of damage) with a larger amount; and (e) other matters concerning the sentencing specified in the records and arguments of this case, including the circumstances leading to the crime of this case, the defendant's age, occupation, character and conduct, environment, and circumstances after the crime, etc., the punishment of the court below is deemed appropriate.

3. According to the conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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