(영문) 수원지방법원 2017.01.05 2016노7267 | 리걸엔진

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(영문) 수원지방법원 2017.01.05 2016노7267

사기등

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The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that each type of punishment (No. 1 to 11 per annum of the annexed crime No. 1 of the judgment of the court below, and No. 3 of the annexed crime No. 3 of the annexed crime No. 1 of the annexed crime No. 1 of the judgment of the court below: Imprisonment with prison labor for 2 months, crimes No. 12 to 40 per annum of the annexed crime No. 1 of the annexed crime No. 1 of the judgment of the court below, crimes No. 2 of the judgment, crimes No. 3 to 3 to 21 per annum of the annexed crime No. 3 of the judgment of the court below, crimes No. 4 to 11 of the annexed crime No. 3 of the judgment of the court below, and crimes No. 500,000 won per annum of imprisonment with prison labor

2. Although there are many records of criminal punishment including imprisonment with prison labor for the same crime, the Defendant repeatedly committed each of the crimes of this case during the period of repeated crime due to the same crime, and even until the crime of this case seems to have not yet been recovered properly due to the occurrence of the victims of the crime of this case by medical corporations, D Medical Foundation, etc.

However, the fact that the defendant seems to have recognized the crime of this case and against the mistake, that the defendant suffered from ‘clon', which is an incurable disease, and the health of the defendant seems to be not good. The crime of this case appears to have been committed to provide living expenses in most cases when the defendant treats his own disease or makes it difficult to do so, that the amount of damage suffered by each victim is relatively small due to the crime of this case, crimes No. 1 to No. 11 of the annexed crime list 1 of the annexed crime list No. 1 of the judgment, crimes No. 3 of the annexed crime No. 3 of the judgment, and crimes No. 1 and No. 2 of the annexed crime No. 3 of the judgment No. 3 of the judgment No. 3 of the judgment, it is difficult to view that each punishment imposed by the court below is unfair because it is too unfford, considering all the sentencing conditions of this case, such as the defendant's age, sexual behavior, environment, and family relationship.

3. In conclusion, the prosecutor’s appeal is without merit.

유사 판례

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