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(영문) 수원지방법원 2019.10.25 2019노4428
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, three years of suspended execution, and 240 hours of community service order) declared by the court below is too unfasible and unreasonable.

2. The lower court sentenced two years of imprisonment, three years of suspended execution, and 240 hours of community service order by taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant and the recommendation type of the sentencing guidelines of the Sentencing Committee.

In light of the facts that are the conditions for sentencing in the trial at the trial, in particular, the Defendant committed a voice-phishing fraud by forging and using official documents, and thus, the criminal liability is considerably heavy, but the Defendant has committed the instant crime. However, the Defendant was detained for a period of four months as a result of the instant crime, the Defendant paid a part of the damages to the victims, and agreed at the trial at the court of original instance, and paid the victims each one million won in the trial, and there was no history of punishment exceeding the fine, or the sentencing guidelines, etc., the lower court’s sentencing judgment is deemed to have exceeded the reasonable limit of discretion, or it is deemed to have been unfair to maintain the sentencing of the lower court as it is.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is too uneasy and unreasonable even if it is considered that the circumstances after the instant crime were committed, the age, character and conduct, environment, etc. of the Defendant.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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