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(영문) 수원지방법원 2018.02.09 2017노6183
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning of the appeal is that the sentence of the lower court (six years of imprisonment, two years of suspended execution) is too unfied and unreasonable.

2. In light of the favorable circumstances, such as the fact that the defendant led to the crime and escaped, the fact that he/she has no record of being punished for the same crime, and that he/she appears to have an opportunity to reflect his/her act when he/she was detained for four months due to the crime of this case, it is not good to commit the crime by taking advantage of the imminent situation of the victims who have been illegally staying in collusion with C. Although the defendant knew that the investigation of this case was commenced after the crime of this case, he/she refused to attend an investigation agency for a long time and escaped. It is disadvantageously unfavorable to the defendant's age, sex behavior, motive for the crime, frequency of the crime, method of the crime, circumstances after the crime, etc., such as the damage from the time of the case to the expiration of a considerable period of time, or there is no agreement with the victims, it cannot be said that the sentence of the court below is unfair because it is too unffor

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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