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(영문) 수원지방법원 2019.02.14 2018노8091

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is unreasonable in light of the fact that the defendant committed the instant crime during the suspension of execution and that the defendant repeats the same crime.

2. However, the Defendant committed each of the instant crimes without being among the persons who had been under the suspension of the execution due to night-time theft, and repeated crimes of the same law during the short period of time.

However, in full view of the following factors: (a) the amount of damage caused by each of the instant offenses is relatively small; (b) the amount of damage caused by each of the instant offenses appears to have been returned to the victim; (c) the Defendant appears to reflect his fault; and (d) the Defendant’s age, character and conduct, and environment, and all of the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character

3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.