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(영문) 수원지방법원 2016.06.16 2015노6273
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the prosecutor’s gist of the grounds for appeal (unfair sentencing) that the Defendant had been punished for the same kind of crime not less than 23 times and had been punished as imprisonment with prison labor for six times, and that the Defendant committed the instant crime during the repeated crime period after having been sentenced to eight months of imprisonment with prison labor for fraud at the Suwon Flag method Board on January 29, 2015 and completed the execution of the sentence on July 18, 2015, the lower court’s sentence that sentenced KRW 5,00,000 is too unreasonable.

2. In full view of the facts alleged in the grounds of appeal, the lower court’s punishment is too unfasible and unfair, even if considering the circumstances alleged in the grounds of appeal, given that the lower court’s punishment is too unfasible, and thus, is not deemed unfair, given that the fact that the Defendant recognized the facts of the crime at the lower court, and the amount of fraud is relatively minor, and all the conditions of sentencing as shown in the instant records and arguments, such as the Defendant’s age, sex, family relationship, motive

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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