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(영문) 수원지방법원 2019.02.14 2018노5696
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the fact that the defendant's summary of the grounds for appeal did not reflect his wrongs by denying his own crime and consistently proving him, the sentence of imprisonment (two months of imprisonment, two years of suspended execution, and two hundred hours of community service order) of the court below is too uneasible and unreasonable.

2. The Defendant committed the instant crime despite the fact that the Defendant was in the preference of the juvenile protection disposition due to the same kind of crime, and the Defendant did not make any effort to restore the victims’ damage, and there is a disadvantage to the Defendant.

However, in full view of all the sentencing conditions indicated in the arguments of this case, including the Defendant’s age, character, character, and environment, it is difficult for the lower court to regard the Defendant’s punishment as an adult who was 19 years of age and became an adult, and thus, it is unreasonable to deem that the Defendant’s punishment is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.

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