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(영문) 수원지방법원 2017.06.16 2016노8673
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (four months of imprisonment and one year of suspended execution) is too unfluent and unfair.

2. The crime of this case is a false statement that the Defendant’s wife’s hospital expenses are urgently required, and the quality of the crime is not good in light of the method of the crime, etc., and the amount of damage caused by the crime of this case reaches KRW 9.5 million, and the Defendant has failed to repay the amount equivalent to the amount of damage to the victim up to now, and the Defendant has failed to receive the statement from the victim is disadvantageous to the Defendant.

On the other hand, the following points are favorable to the defendant.

The Defendant is the first offender, and the Defendant is the confession of the facts charged in the instant case, and his mistake is divided.

The defendant has been making efforts to recover the damage of the victim by repaying the victim's total amount of KRW 1,90,000 over five times in the case of the party.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, relationship with the victim, etc., various sentencing conditions as shown in the instant records and arguments, the lower court’s punishment is too uneasible and unreasonable. Therefore, the prosecutor’s assertion is without merit.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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