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(영문) 수원지방법원 2014.10.16 2014노999
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's sentencing (two months of imprisonment, two years of suspended execution, and 120 hours of community service order) is too uneased and unreasonable.

However, taking into account the following circumstances: (a) the victim E’s amount of damage caused by the instant crime was 14,017,252 (the purchase price of a main truck is not included in the amount of damage even if it is based on the facts of prosecution); (b) the Defendant did not have any previous conviction and fine exceeding the same kind of criminal records and fines; (c) recognized the mistake and reflects; (d) the lower court additionally ordered social services for a considerable period of time; and (e) all other circumstances constituting the conditions for sentencing specified in the instant case, the lower court’s sentencing cannot be deemed unfair

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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