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(영문) 수원지방법원 2015.07.03 2014노7570
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and two months of imprisonment, three years of suspended execution, and two hundred hours of the community service order) is too unhued and unreasonable.

2. The judgment of the defendant committed the crime of this case even though he had the record of being sentenced to a suspended sentence of imprisonment for the same crime. The crime of this case was committed by many victims, and the amount of damage exceeds 200 million won, which is disadvantageous to the defendant, or the fact that the defendant acknowledged the crime and reflects the quality of the crime, the defendant established the victim's vehicle and paid the amount of damage, the defendant paid the amount of damage to some victims, and the victim paid the communications fee of the separate communications company using the victims, and some victims are using free currency until now, and the defendant takes measures to enable victims to continue to use mobile phones by paying a certain amount monthly amount to the communications company, and taking full account of other various circumstances, such as the defendant's age, character and conduct, environment, family relationship, and circumstances after the crime, etc., the prosecutor's allegation of unfair sentencing is without merit. Thus, the prosecutor's allegation of unfair sentencing is without merit.

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

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