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(영문) 수원지방법원 2015.08.21 2015노1996
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, and three years of suspended execution) imposed by the court below on the defendant is too unhued and unreasonable.

2. Although the amount of the crime of fraud of this case and the crime of aiding and abetting fraud is reasonable, the damage recovery has not been achieved until the judgment was rendered, and the criminal nature of the defendant is very heavy in that the defendant has been punished twice as a violation of the Medical Service Act in the past.

However, considering such various circumstances as the motive and circumstance of the instant crime, the circumstance after the instant crime, the Defendant’s age, character and conduct, and environment, etc., the sentence imposed by the lower court seems to be adequate, in view of the following circumstances: (a) the Defendant appears to have led to the confession and reflect of all the instant crime; (b) there is no record of crime exceeding the fine; and (c) the Defendant’s physical condition is not sufficient enough to make a normal life without his/her guardian due to symptoms such as brain-resistant resistant transfusion in 2011; and (d) the motive and circumstance leading up to the instant crime; (b

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.

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