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(영문) 수원지방법원 2013.05.02 2013노664

사기미수등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The grounds of appeal (unfairness) asserts that the court below's imprisonment (three months of imprisonment) declared by the defendant is unreasonable.

2. According to the records, the defendant committed the crime of this case during the period of repeated crime, demands money by pretending traffic accident eight times in the middle of repeated crime, without permission, and the criminal records of fraud similar to those of the defendant in the past, such as tearing the notice of penalty payment, etc., are disadvantageous to the defendant. On the other hand, the defendant confessions and reflects all of the crimes of this case, the defendant is in a state of mental disability as a intellectual disability Grade 3, the defendant is in a state of mental disability, the amount of the defendant's demand for traffic accident is not less than 1-2 million won, and there is no substantial damage due to all attempted crimes, and the defendant can be tried simultaneously with the crime of indecent act by force at the time of judgment becomes final and conclusive, and other circumstances such as the defendant's age, character and behavior, health condition, family relationship, etc., it is difficult to view that the sentence of the court below is excessively unreasonable.

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