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(영문) 수원지방법원 2014.04.24 2013노2733 (1)

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (one year of imprisonment and two years of suspended execution) is too uneased and unreasonable.

2. The judgment of the court below, including two times of suspended execution, has the same criminal records and five times, and only a repayment of part of the damage amount caused by the instant crime was performed. However, in light of the fact that the Defendant reflects his own crime and repents in the process of the judgment of the court below, that the Defendant agreed with the victim during the judgment of the court below, and other various factors prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the Defendant’s age, character and conduct, and environment, as indicated in the records and arguments in this case, it

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