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(영문) 수원지방법원 2017.04.14 2016노5473

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that of the lower court’s punishment (four months of imprisonment) is too unhued and unreasonable.

2. In full view of all the factors such as Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment is too unaffortuous and unreasonable in light of the following factors: (a) under favorable circumstances in which the Defendant was fully aware of the crime; (b) paid KRW 2 million out of the amount of damage; (c) the amount of damage was living without the records of the same kind of crime for at least ten (10) years after the punishment for the most recent same kind of crime; and (d) the amount of damage was not paid out; and (e) the amount of damage was not paid out, with the exception of KRW 2 million; and (e) the nature of the crime is not good.

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