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(영문) 수원지방법원 2017.04.21 2016노8332
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Reasons for appeal;

A. The sentence of the lower court (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of all the sentencing conditions, such as Defendant’s age, sex, motive, frequency of the crime, frequency of the crime, method of the crime, circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable, taking into account the following circumstances: (a) the Defendant’s confession and reflects the fact that he/she received the judgment at the same time as the final judgment; (b) there is no record of punishment exceeding a fine other than the final fraud; (c) the victim J may be paid part of the amount of damage; (d) there is room for additional repayment of a certain portion of the amount of damage from the real estate established by the right to collateral security; (e) the amount of damage was not specified; and (e) the amount acquired by the Defendant was not specified; and (e) the Defendant did not complete recovery of damage until now; and (e) the nature of the crime was not adequate in light of the content of deception, etc., it cannot be said that the lower court’s punishment is too excessive or unreasonable

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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