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(영문) 수원지방법원 2015.04.03 2014노1943
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (4 million won of a fine) is too unhued and unreasonable.

2. The crime of this case is determined based on the following circumstances: (a) the Defendant stolen a credit card, etc. from the victim’s money on the part of the victim who was under the influence of alcohol and used the credit card; (b) the Defendant committed the crime of this case during the period of probation; (c) the Defendant committed the crime of this case; (d) the Defendant’s failure to recover from damage; or (e) the Defendant committed a crime at a disadvantage to the Defendant; (c) the Defendant’s acknowledgement of the crime; (d) the Defendant did not have any record of punishment exceeding the fine due to the same crime; and (e) the amount of damage caused by the crime of this case is relatively small; and (e) the Defendant’s age, character and behavior, environment, family relationship, and circumstances after the crime, which are the conditions for sentencing

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

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