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(영문) 수원지방법원 2017.10.27 2017노4553
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (1.5 million won in penalty) is too unhued and unreasonable.

2. The lower court sentenced a fine of KRW 1.5 million, taking into account the favorable and unfavorable circumstances to the Defendant.

In full view of the facts constituting the conditions for sentencing at the trial, in particular, there is no criminal conviction for the defendant heavier than a fine, and there is no criminal conviction for the same kind of crime, and the amount of damage caused by the fraud of this case is relatively small, the applicable sentences, and the sentencing guidelines, the judgment of the court below exceeded the reasonable scope of discretion.

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the Defendant’s age, sex, environment, circumstances, and result of the crime, etc., the sentence of the lower court is appropriate, and it does not seem unfair because it is too unfasible.

Therefore, 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.

Meanwhile, the judgment of the court below’s 2nd 13 parallel “36,000 won” is a clerical error in each of “36,000 won for each victim, 18,000 won for each victim,” and “360,000 won for each victim,” and “360,000 won for each victim,” under Article 25(1) of the Regulation on Criminal Procedure. Thus, it is obvious that the ex officio correction is made pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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