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(영문) 수원지방법원 2016.04.01 2016노199

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the summary of the grounds for appeal (ten months of imprisonment) is too unhued and unreasonable.

2. The fact that each of the crimes of this case was committed during the period of repeated crime due to the same crime, such as fraud, although the accused had been punished several times for the same crime (a crime relating to larceny, fraud, and violence), and that the injury has not been recovered is the circumstances unfavorable to the accused.

However, considering various sentencing conditions, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, degree of damage, circumstance after the crime, etc., the punishment imposed by the lower court is too uneasy and unreasonable.

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.