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(영문) 수원지방법원 2016.08.26 2016노4059
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The fact that the amount of damage to the instant crime is the maximum amount of KRW 185,30,000,000, etc. is unfavorable to sentencing; however, the Defendant recovered the damage of KRW 50,00,00 among them; the Defendant is the primary offender; the Defendant is recognized as committing the crime; the Defendant’s primary offender; the Defendant’s age, sex behavior, environment, motive, means and consequence of the crime; and other various circumstances, which are the conditions of sentencing as indicated in the lower court’s sentencing process, are considered appropriate; and the lower judgment’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion by being too unhued.

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

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