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(영문) 수원지방법원 2016.08.25 2016노3310

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (one year and six months of imprisonment) is too unhued and unfair.

2. The judgment of the defendant, while using a provisional name, acquired money from seven victims including D through a variety of deceptive acts, and it seems that the victims have not yet been paid due to the occurrence of damages. The defendant has the past record of being sentenced to multiple criminal punishment including four times of punishment for the same type of crime, and the defendant repeatedly committed the crime of this case even during the repeated period for the same crime.

However, in full view of all the sentencing conditions, including Defendant’s age, sex, environment, and family relationship, it is difficult to see that the sentencing of the lower court is too low and unfair, in light of the following: (a) the total amount of damage of the instant crime is KRW 10,000,000, and the amount of damage by each victim is not relatively large; and (b) some of the instant crimes are committed in addition to favorable circumstances, such as the fact that the attempted crime was committed.

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 prosecutor's appeal is without merit. It is so decided as per Disposition by the court below (Article 25 (1) of the Rules on Criminal Procedure). However, according to Article 25 (1) of the Rules on Criminal Procedure, the summary of the evidence of the court below's judgment is divided into the "previous conviction" part of the 11 and its back part, and the phrase "the proviso of Article 42" of the law applied