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(영문) 수원지방법원 2013.05.30 2013노1180
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal of this case, the lower court’s punishment (one year of imprisonment for six months, one year of suspended execution, and 80 hours of community service order) is too unfasible and unreasonable.

2. In full view of various circumstances that are conditions for sentencing, such as age, criminal administration, environment, etc. of the defendant, including the following: (a) the judgment of the court below; (b) the defendant repents and reflects the error of the defendant; (c) the defendant is the primary offender; and (d) the amount of the money obtained by the defendant and partially repaid the amount of money obtained by the defendant; and (c) the prosecutor’s assertion is not acceptable on the grounds that the sentencing of the court below is too

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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