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(영문) 수원지방법원 2015.08.21 2014노7686
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and sixty hours of community service order) of the lower court is deemed to be too unhued and unreasonable.

2. In full view of the following circumstances: (a) the amount of damage caused by the instant crime reaches KRW 13 million; (b) the amount of damage has not been recovered at all; (c) the Defendant’s consent to the commission of a crime is against the Defendant; (d) the Defendant has no record of punishment for the same kind of crime; (e) the Defendant has no record of punishment exceeding the fine; and (d) has endeavored to recover from damage; and (e) other circumstances that form the conditions for the sentencing specified in the instant case, including the Defendant’s age, character and conduct, environment, family relationship, and circumstances after the commission of a crime, etc., the lower court’s punishment is deemed unreasonable, and thus,

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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