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(영문) 수원지방법원 2017.12.01 2017노4175
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning for the appeal (ten months of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. A favorable condition that the defendant would pay the profit, such as the confession of the crime, the first offender, the fact that the victim agreed smoothly with the victim, etc.

In full view of all the sentencing conditions, such as the Defendant’s age, sexual conduct, motive, frequency of the crime, method of the crime, and circumstances after the crime, etc., under the unfavorable circumstances, by deceiving the victimized person through deception of KRW 114 million, etc., the lower court’s punishment cannot be deemed to be too uneasible and unfair.

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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