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(영문) 수원지방법원 2018.02.07 2017노3225
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. Considering the fact that the Defendant committed the instant crime even if he/she had committed the same kind of criminal records, the need for strict punishment against the Defendant is high.

However, in full view of the following: (a) the Defendant made a confession of all crimes; (b) the amount of damages caused by the instant crime is equivalent to KRW 27720,000,000, which corresponds to “where the substantial amount of damages is considerably small; (c) some damages have been reimbursed; (d) the victim submitted a written application not to punish the Defendant to the court of the original instance; and (e) other factors of sentencing as indicated in the instant pleadings, such as the Defendant’s age, sexual conduct and environment; (d) motive, means and consequence of the instant crime; and (e) other factors of sentencing as indicated in the instant pleadings, such as the circumstances after the commission of the

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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