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(영문) 수원지방법원 2017.06.16 2016노8068

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive for the crime, frequency of the crime, method of the crime, circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable, taking into account the following circumstances: (a) the fact that the Defendant led to the crime, the first offender, and the repayment of KRW 2 million out of the amount of damage amount; (b) the fact that the damaged goods are individually used by selling and selling the damaged goods; (c) the remainder of the paid amount has not been repaid until the expiration of a considerable period of time from the time of the crime; and (d) the fact that the victim did not reach an agreement with the victim; and (e) the Defendant’s age, sex behavior, motive for the crime, frequency

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