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(영문) 수원지방법원 2014.09.18 2014노1899
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's punishment (one year of imprisonment and two years of suspended execution) against the defendant in light of the gist of the grounds for appeal is too unfasible.

2. In light of the method and consequence of the crime committed by the Defendant by intentionally causing a traffic accident on several occasions, the fact that the crime of this case is not good, that the Defendant has been punished due to the crime of fraud, etc., and that the Defendant did not make any effort to recover from the damage and did not make any agreement with the victims.

However, in full view of the following factors: (a) the Defendant’s confession of all crimes; (b) the Defendant’s health is not good; and (c) the Defendant was faced with the instant crime due to difficulties in living; and (d) the Defendant was detained for not less than two months after being detained in the lower court; and (b) the Defendant’s age, character and conduct, occupation and family environment; (c) the background and consequence of the crime; and (d) the circumstances after the crime, etc., the lower court’s punishment cannot be deemed unreasonable.

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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