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(영문) 수원지방법원 2017.01.13 2016노4633
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the imprisonment of six months, the suspension of execution of two years, and the community service order of 120 hours) on the summary of the grounds of appeal is deemed to be too uneasible and unreasonable.

2. The fact that a considerable part of the money acquired by deception from the victim D is not returned, that the above victim is punished by the defendant, and that there is a criminal record of the same kind of crime is disadvantageous.

However, it is advantageous to the fact that the victim I is not subject to the punishment of the defendant, the crime is against the defendant, and the equity with the case of judgment should be considered simultaneously with the case of fraud for which judgment has become final and conclusive.

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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