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(영문) 수원지방법원 2016.04.27 2015노5609
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of suspended sentence in the month of imprisonment with prison labor) on the summary of the grounds for appeal is too unfasible and unfair.

2. The crime of this case was committed repeatedly against many victims over a considerable period of time, and the nature of the crime is not good, and a considerable number of victims who have not yet been recovered from damage is the same as the prosecutor asserts.

However, the defendant recognizes and reflects the crime.

The amount of damage is at least 50,000 won per person, which is a minor volume, and the total amount of damage is at least 1,600 won.

The mother of the defendant paid 41 victims the amount of damage to 72 victims and endeavor to reach an agreement.

Defendant is punished by a fine not exceeding one time for the same kind of crime.

In full view of the above circumstances and other circumstances, such as the Defendant’s age, sex, environment, family relationship, motive and method of committing a crime, and circumstances after committing a crime, the lower court’s sentence is too uneasible and cannot be deemed unfair, and thus, the prosecutor’s assertion is without merit.

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

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