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(영문) 수원지방법원 2017.06.28 2017노755
사기미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as it is too unfasible to the sentence imposed by the court below against the defendant (a punishment of imprisonment of one year, a suspended sentence of two years, a community service work 120 hours, confiscation).

2. The Defendant need to strictly punish the Defendant in light of the fact that the crime of each of the instant crimes is not good and that the social harm of the telephone finance fraud is very serious, by forging and using an identification card under the name of the financial supervisory president in collusion with the members of the telephone finance fraud group and exercising it.

However, in light of the following factors: (a) the Defendant is detained for three months in the instant case; (b) the Defendant appears to have violated his mistake; (c) the Defendant agreed with the victim of the attempted fraud; (d) the Defendant has no record of criminal punishment or of criminal punishment of suspension of qualifications or more; and (e) the Defendant has no record of criminal punishment for the same crime or of criminal punishment of suspension of qualifications or more; and (e) other factors of sentencing specified in the records and theories of the instant case, including the Defendant’s age, sex, environment, background of each of the instant crimes; and (e) the circumstances before and after the instant crime, the Defendant’s sentence imposed by 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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