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(영문) 수원지방법원 2017.11.16 2017노4521 (1)
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence against the Defendant on the summary of the grounds of appeal (the imprisonment of eight months, the suspension of execution of two years, the observation of protection, and the community service order of 160 hours) is too unhued and unreasonable.

2. The Defendant had committed a crime against many victims, such as fraud and special larceny. Among them, some of the crimes are disadvantageous to the Defendant, such as: (a) the Defendant: (b) opened a crime prevention window at night by draber; (c) intrudes a restaurant after taking off the window; or (d) intrudes the windows of Maart by taking advantage of the windows; and (b) intrudes into the restaurant; and (c) the number of methods was interviewed and danger was considerably significant; (d) the victims were unlikely to recover the entire damage; and (b) the arrest was committed in the act of committing a joint crime, and as a result, the Defendant was arrested as a flagrant offender, by stealing the personal information of the same student; and (c) forged and used his/her

However, in full view of the following factors: (a) the Defendant recognizes the Defendant as a substitute for his own crime; (b) the Defendant’s amount of damage from each of the instant property crimes is not excessive; (c) the degree of the Defendant’s participation in a special larceny crime is smaller than other accomplices; (d) the Defendant has no record of criminal punishment prior to the instant crime; (c) the Defendant has no record of criminal punishment; (d) the victim V, R is not subject to the Defendant’s punishment; and (d) the Defendant’s age, sexual conduct, family environment, motive and circumstance of the crime; and (e) other various sentencing conditions indicated in the instant records, such as the circumstances after the crime, etc., the Prosecutor’s assertion is without merit

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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