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(영문) 수원지방법원 2016.07.22 2016노2649
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unfair.

2. The lower court determined that the Defendant was sentenced to punishment by considering the favorable circumstances, such as the fact that the Defendant had been subject to punishment more than 10 times for the same type of crime, the fact that the Defendant again committed the instant crime even if he was sentenced to a fine by neglecting his duties during the suspended execution period due to violent crimes, and the fact that the Defendant had been detained for more than 40 days, the fact that the Defendant had to care for his daughters, the fact that the Defendant has to compensate for damage to the defrauded, etc.

A thorough examination of the reasons for sentencing by the lower court, and considering all the conditions of sentencing, such as the Defendant’s age, sex, criminal records, motive and means of the crime, and the circumstances before and after the crime, the lower court’s sentence cannot be deemed unfair because it is too uneasible.

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 appeal is without merit. It is so decided as per Disposition.

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