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(영문) 수원지방법원 2017.06.15 2016노7381
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The gist of the prosecutor's appeal (unfair sentencing) of the crime of this case is to give the victim the right to collect the proceeds of the defendant's place of business for the next two years by releasing the amount of the strike discharged by the defendant from the place of business.

In light of the fact that it is not good that the crime is not committed by deceiving the victim and deceiving the money collected from the victim, and that the defendant is not seriously against the defendant, the sentence of the court below that sentenced the two-year suspended sentence to 1 year imprisonment is too unfeasible and unfair.

Judgment

In full view of the circumstances alleged in the grounds of appeal, such as the Defendant’s age, sexual conduct, environment, and circumstances after the crime of this case, the lower court’s punishment is too unfeasible and unreasonable, and thus, it is not deemed unfair, even if considering the circumstances alleged in the grounds of appeal, since the aforementioned argument is groundless.

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

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