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(영문) 수원지방법원 2014.09.18 2014노1200
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (two months of imprisonment, two years of suspended execution, and one hundred and twenty hours of community service order) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.

2. In light of the background, method, and result, etc. of the crime by deceiving a number of victims who are engaged in or were employees in the same type of business, the crime of this case is not less complicated, and the fact that the crime of this case is not agreed with some victims is unfavorable to the defendant.

However, in full view of the following factors: (a) the Defendant led to the confession of a crime with no criminal history at all; (b) the victim H and G; (c) the Defendant agreed with the victim H and G; and (d) the Defendant suffered economic difficulties due to the business depression of the mobile phone sales store operated by him; and (b) the Defendant’s age, character and conduct; (c) motive, means and consequence of the crime; and (d) other factors of sentencing as indicated in the instant case, such as the circumstances after the crime, etc., the lower court’s sentence imposing a relatively long-term community service order cannot be deemed unreasonable

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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