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(영문) 수원지방법원 2013.06.13 2013노1228
상습사기
Text

The prosecutor's appeal is dismissed.

Reasons

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

2. In full view of the following circumstances: (a) the Defendant had been punished for the same kind of crime over several occasions; (b) the Defendant committed the instant crime even during the period of repeated crime; (c) the Defendant’s mental disease appears to have an impact on the instant case; (d) the Defendant voluntarily hospitalized in a mental hospital to receive treatment for about six months; and (e) efforts have been made to pay for damages; and (e) the amount of damages incurred by the instantless erosion and other circumstances that are the conditions for sentencing, including the Defendant’s age-oriented environment, etc., the Prosecutor’s assertion cannot be accepted, on the ground that the lower court’s sentencing is too unafford to the extent that the lower court’s sentencing should be reversed, and thus, is unreasonable.

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 prosecutor’s appeal is without merit. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the part of Article 35 of the Criminal Act on the aggravation of repeated crimes among the application of Article 3

It is so decided as per Disposition.

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