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(영문) 수원지방법원 2017.03.23 2016노3142 (1)

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds for appeal (unfair sentencing) that the Defendant did not make any effort to recover from damage, etc., the lower court’s sentence imposing a fine of KRW 3,000,000 is too uneasible and unreasonable.

2. In full view of the following facts: (a) the Defendant committed the instant crime while living in a old-age room; (b) the personal gains are not significant; and (c) the Defendant’s age, sex, environment, motive and background of the instant crime; (b) the degree of damage; and (c) all the sentencing conditions specified in the records and arguments, such as the circumstances alleged in the grounds for appeal, even if considering the circumstances alleged in the grounds for appeal, the lower court’s punishment is too unfeasible and it is not deemed unfair

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.