beta
(영문) 수원지방법원 2014.01.29 2013노5604

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the purport of the grounds for appeal, the lower court’s punishment (two months of imprisonment for the crime No. 1; two months of imprisonment for the crime No. 2 in its holding) falls short of the recommended sentence according to the sentencing guidelines, and the lower court’s judgment declared a punishment that deviates from the sentencing guidelines but did not state the reasons, it is unfair that the lower court’s punishment is too unreasonable.

2. In light of the nature of the crime of this case and the circumstances of the crime of this case, the defendant has the same criminal records of fraud, and the defendant did not reach an agreement with the victims until the judgment was rendered, it is necessary to strictly punish the defendant. However, although the defendant seriously repents the defendant while committing the crime of this case, the defendant is committed in depth, and the crime of this case and the judgment of this case become final and conclusive ① Criminal records, and the crime of occupational embezzlement and the judgment of this case are concurrent crimes under the latter part of Article 37 of the Criminal Act. ② Criminal records in which the judgment becomes final and conclusive are concurrent crimes under the latter part of Article 37 of the Criminal Act. The judgment of the court below should consider equality with the case where the judgment is to be rendered concurrently with each of the crimes of this case by applying the latter part of Articles 37 and 39(1) of the Criminal Act with regard to each of the crimes of this case, and there is no error as argued by the prosecutor, and there is no other error as otherwise, the defendant's age, character, home environment, and family environment, motive and circumstances before and punishment of this case.

Therefore, the prosecutor's assertion of unfair sentencing is without merit.

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