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(영문) 수원지방법원 2016.11.11 2016노5069
사기
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. The fact that the money acquired by the victim from the judgment reaches a considerable amount, and that the damage was not completely recovered is disadvantageous.

However, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, degree of damage, circumstances after the crime, etc., the sentence imposed by the lower court is too unjustifiable, and thus, 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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