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(영문) 수원지방법원 2016.06.23 2015노6703
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, three years of suspended execution, and additional collection of 3.5 million won) is too unfluent and unreasonable.

2. The conclusion that the Defendant repeatedly committed the instant crime even though he/she had been punished several times due to the same type of crime, and that the victims’ damage appears to have not yet been properly restored, etc. are disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant is against the instant crime; (b) the amount of damage caused by each of the instant fraud is relatively small of KRW 3.5 million in total; and (c) the overall sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, sex, environment, family relationship, etc., it is difficult to deem that the sentence imposed by the lower court is too uneasible and unfair.

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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