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(영문) 수원지방법원 2016.07.22 2016노3692

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 (ten months of imprisonment) is too unhued and unreasonable.

2. It is an unfavorable circumstance that the crime of defraudation against multiple victims has been committed for a long time, the amount of defraudation is large, the most of the amount of defraudation is not returned, the criminal records of the same kind are not returned once, and the remaining crime of fraud except for the crime of fraud of paragraph 1 of the judgment, even after receiving a summary order based on the same criminal records as above, has been committed continuously.

However, it is advantageous to the fact that the crime is against the law, and that there is no previous conviction exceeding the fine.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, it cannot be deemed that the sentence of the court below is too uneasible and 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 (Article 42 proviso of the Criminal Procedure Act in the application of the law of the court below is obvious that it is a clerical error. Thus, it is corrected that it is deleted in accordance with Article 25(1) of the Rules on Criminal Procedure.)