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(영문) 수원지방법원 2017.11.24 2017노3571
사기미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning for the appeal (one year of imprisonment, two years of suspended execution) of the lower court is too unhued and unreasonable.

2. In full view of all the sentencing conditions, such as the Defendant’s age, sexual conduct, motive, frequency of crime, method of crime, circumstance after crime, etc., comprehensively taking account of the following factors: (a) the fact that there is a record of being punished for the same crime of fraud; (b) the fact that there is a deception by deceiving the court; (c) the fact that it is not good to commit fraud; (d) the fact that there is a considerable amount of economic and mental suffering experienced by the victim or the person who is not accused; and (e) the fact that there is a considerable number of economic and mental sufferings from the crime of this case, it cannot be said that the sentence of the court below is unfair because it is too unfeasible and unfair, considering all the sentencing conditions, such as the Defendant’s age, sexual behavior, motive, frequency of crime, method of crime, and circumstances after crime.

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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