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(영문) 수원지방법원 2014.09.04 2014노2285
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service) is too uneased and unreasonable.

2. In full view of the following circumstances: (a) the Defendant acquired or embezzled a total of KRW 30,500,00 against the victim who had a relationship with the Defendant; (b) the Defendant hedginged with the victim and sent repeatedly letters that cause fears or apprehensions to the victim; and (c) the Defendant did not recover from damage; or (d) the Defendant’s money that the Defendant acquired or embezzled from the victim appears to have been used for living together with the victim; and (b) the Defendant is an initial offender who had no criminal record; and (c) the Defendant’s punishment is deemed to be appropriate for sentencing conditions, such as the Defendant’s age and happiness environment. Therefore, the Prosecutor’s assertion is rejected.

3. Accordingly, 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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