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(영문) 수원지방법원 2017.09.22 2017노662
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The reasoning for the appeal (ten months of imprisonment and two years of suspended execution) of the lower court is too unhued and unreasonable.

2. In full view of the following circumstances: (a) the confession of a crime and reflects on the determination; (b) the deposit of the additional KRW 4 million in the first instance court, and the deposit of the additional KRW 80 million, there are several types of penalties for the same crime; (c) the 100 million won was stolen; (d) the nature of the crime was heavy; (e) the victim did not pay part of the amount of damage; and (e) the victim did not agree with the victim; and (e) other factors of sentencing, such as the Defendant’s age, sex behavior, motive, frequency of the crime; (e) the number of crimes committed; and (e) the circumstances after the crime, etc., the lower court’s punishment cannot

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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