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(영문) 수원지방법원 2017.11.24 2017노6593
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The circumstances favorable to the defendant are that the defendant repents his mistake and reflects his depth, and that the defendant has no record of punishment for the same kind of crime before the crime of this case.

On the other hand, in light of the defendant's means and results of the crime of this case, the fact that the nature of the crime is not good, and the amount of fraud is not so much, the damage has not yet been restored until now, and the fact that the agreement with the victim has not yet reached is disadvantageous to the defendant.

In addition, taking into account all the sentencing conditions and equity in the case, such as the defendant's age, sexual conduct, environment, motive for the crime, and circumstances after the crime, etc., as indicated in the judgment of the court below, at the same time as the case in which the judgment of the court below becomes final and conclusive, the sentence of the court below is too heavy or is deemed unfair

Therefore, the above argument by the defendant and the prosecutor is without merit.

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

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