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(영문) 수원지방법원 2017.06.23 2017노2078
사기
Text

The prosecutor's appeal is dismissed.

The defendant shall pay 10,501,318 won to the applicant AD, and 7,575.

Reasons

1. The reasoning of the appeal is that of the lower court’s punishment (four years of imprisonment) is too unhued and unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sex behavior, motive, frequency of the crime, method of the crime, circumstance after the crime, etc., the lower court’s punishment cannot be deemed to be too unreasonable, in light of the following circumstances: (a) the Defendant’s age, sexual behavior, motive, frequency of the crime, method of the crime, etc.; (b) the fact that there is no criminal punishment history; and (c) the victim acquired 500 million won or more from many victims by taking advantage of personal trust relationships; and (d) the victim’s economic and mental damage caused thereby, etc.

3. In conclusion, the prosecutor's appeal is dismissed pursuant to Article 364 (4) of the Criminal Procedure Act on the grounds that the prosecutor's appeal is without merit, and each application for compensation filed in the trial is with merit within the above scope, and thus, an order for the payment of each amount indicated in the order is issued pursuant to Articles 25 (1) and 31 (1) and (2) of the Act on Special Cases Concerning the Promotion, etc. of Litigation, etc., and the above order is issued with a provisional execution order attached pursuant to Article 31 (3) of the same Act. It is so decided as per Disposition (see, e.g., Supreme Court Decision 201Da360012, Apr. 18, 2013).

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