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(영문) 수원지방법원 2016.09.01 2016노2051

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (limited to eight months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) is too uneased and unreasonable.

2. The Defendant committed the instant crime repeatedly even though he/she had a record of criminal punishment several times, and in particular, even if he/she had been punished for the same kind of crime, etc., is disadvantageous to the Defendant.

However, considering the fact that the Defendant appears to have recognized the instant crime and against his mistake, there is still no history of having been sentenced to imprisonment, the J, the Defendant’s employees, and the G, which purchased the instant vehicle, paid a total of KRW 21 million to the victim, thereby incurring considerable damage to the victim. In addition, considering all the sentencing conditions indicated in the instant argument, including the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime, it is difficult to deem that the sentence imposed by the lower court is too unreasonable.

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.