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(영문) 수원지방법원 2018.04.26 2018노763
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (nine months of imprisonment) on the gist of the grounds of appeal is too unfilled and unreasonable.

2. The judgment of the defendant, even after being sentenced to a suspended sentence for the same kind of crime, should be sentenced to strict punishment when considering the fact that the crime was committed in light of the law of the crime and the fact that the amount of damage is not high.

However, considering the fact that the defendant reflects the defendant, the victim's damage was recovered at the court below, and all the victims do not want the punishment of the defendant, and the conditions of all the sentencing specified in the records and arguments of this case, such as the defendant's age, sex, environment, family relationship, motive for the crime and circumstances after the crime, the sentence of the court below does not seem to be unfair because it is too uneasible.

3. Accordingly, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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