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(영문) 수원지방법원 2017.01.20 2016노5159
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment, two years of suspended sentence, two years of suspended sentence, and observation of protection) is too unhued and unreasonable.

2. It is disadvantageous to the fact that there is a large amount of deceptionation and that considerable part of the amount of deceptionation is not returned.

However, the fact that the injured party is not subject to the punishment of the accused, the detailed plan for the return of the amount of fraud was prepared and agreed with the injured party, and the payment of the installment according to the above agreement has been made even after the judgment of the court below, and there has been no criminal conviction and no criminal conviction exceeding the fine has been made.

In addition, in consideration of the motive and background of the crime, the circumstances after the crime, the age of the defendant, sexual conduct, environment, etc., and all the sentencing conditions indicated in the theory of changes, the sentence of the court below cannot be deemed to be unfair because the sentence of the court below is too uneasible.

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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