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(영문) 수원지방법원 2016.09.02 2016노1200

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two years of suspended sentence in six months of imprisonment) is too unhued and unreasonable.

2. The judgment of the court below is based on the following circumstances: (a) the Defendant acquired a total of KRW 34.5 million from the victims and did not reach the judgment of the court; and (b) the Defendant did not agree with the victims until the trial of the court; (c) on the other hand, the Defendant violated the Defendant’s fault in depth and expressed that the victims would be injured by the victim; (d) there is no specific penalty power, other than once a fine is imposed; and (e) there is no special circumstance to change the sentence of the court below at the time of the trial; and (e) other circumstances that are conditions for sentencing, such as the Defendant’s age, character, character, intelligence and environment, motive, background, means, method, and consequence of the crime; and (e) there are no other circumstances that are conditions for sentencing such as the situation before and after the crime; and (e)

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.