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(영문) 수원지방법원 2018.02.09 2017노2408
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (6 million won in penalty) declared by the court below on the gist of the grounds of appeal is deemed to be too unhutiled and unfair.

2. The lower court sentenced a fine of KRW 6 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the following factors: (a) the sentencing conditions in the first instance court; (b) the amount of damage to the victim F was fully repaid; (c) the amount of damage was repaid to the victim I out of KRW 4 million; and (d) the amount of damage was repaid to the victim I out of KRW 2 million; and (c) the sentencing judgment in the lower court exceeded the reasonable bounds of discretion.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even in full view of the circumstances and results of the instant crime, Defendant’s age, sexual conduct, environment, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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