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(영문) 수원지방법원 2016.06.16 2015노6325
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the prosecutor’s appeal (unfair sentencing) is as follows: (a) the crime of this case is not deemed to have been committed repeatedly against many victims for a considerable period of time; (b) the Defendant was punished by a fine for the same kind of crime; and (c) the Defendant continued to commit the fraud of the same law even though the prosecution was instituted on October 27, 2014 due to the instant fraud committed against the victim C; (d) in light of the fact that the Defendant committed the crime of this case, the sentence of the lower court, which sentenced two years of suspended sentence and probation surveillance for one year, and the community service order for 120 hours, is deemed to be too unreasonable.

2. In full view of all the circumstances alleged in the grounds of appeal, including the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime, degree of damage, circumstance after the crime, etc., the lower court’s punishment is too unjustifiable and thus, is not deemed unfair, even if considering the circumstances alleged in the grounds of appeal, and thus, the aforementioned assertion is groundless.

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

However, as the proviso of Article 42 of the Regulation on Criminal Procedure is clear in the application of the law of the court below, the phrase “1. Aggravation of concurrent crimes” in the part concerning “the addition of concurrent crimes” is corrected to delete it ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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