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(영문) 수원지방법원 2015.01.15 2014노4572
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment, three years of suspended execution, three years of probation, community service, 200 hours of probation, confiscation and return) is too uneased and unreasonable;

2. The offense of this case committed by the Defendant over a short period of time is very heavy in light of the frequency, method, and scale of damage, and there is no agreement with the majority of victims except two victims so far, and there is a need for strict punishment against the Defendant.

However, in full view of various circumstances, including the Defendant’s age, character and behavior, environment, family relationship, and conditions for sentencing in the instant case, the lower court’s punishment is too uneasible to the extent that the Defendant’s punishment should be reversed, and there is no record of criminal punishment, the Defendant’s life in custody for five months in the instant case, the Defendant appears to have recognized and reflected his mistake, and the Defendant’s probation and community service order in addition to the suspended execution, and other circumstances, such as the Defendant’s age, character and behavior, environment, family relationship, etc., the Prosecutor’s assertion is rejected.

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

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