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수원지방법원 2013.05.09 2012노5691
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the substance of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment (a fine of KRW 7 million) is too uneased and unreasonable.

2. It is recognized that the instant crime was committed during the period of repeated crime, and the Defendant’s liability is serious.

However, it is not unreasonable for the court below to have imposed the punishment too uncomponed because of the following factors: (a) the defendant led to the confession and reflect of the crime; (b) the victim does not want the punishment of the defendant; and (c) comprehensively considering the circumstances of the crime in this case, including the background of the crime in this case, the age, character and conduct, the environment

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

However, among the facts of the judgment below

1. The phrase “ April 29, 2011.” of three criminal records is apparent that it is a clerical error in the phrase “ April 21, 2011.” As such, correction is made to correct it in accordance with Article 25(1) of the Rules on Criminal Procedure.

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