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(영문) 수원지방법원 2019.09.05 2019노3558
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment) is too unfased and unreasonable.

2. The judgment of the court below is recognized that the crime of Bosing is highly harmful to society, and the role of the collection and remittance of the damage amount is essential for the crime of Bosing, so it is necessary to strictly punish the crime. The fact that the victim is six persons due to the crime of this case, the total amount of damage reaches 6,1620,000 won, and the victims' damage has not been completely recovered, but the court below also determined the punishment in consideration of all the above sentencing reasons.

In full view of these circumstances, the fact that the defendant led to a confession and reflect on the crime, the fact that the defendant reported to the police with intent to discontinue the crime on November 12, 2018, the fact that the defendant did not have any profit from the crime of this case, the equity in sentencing with the same or similar incidents, the defendant's age, career, character and behavior, environment, motive, means and consequence of the crime, and other various sentencing conditions shown in the arguments of this case, including the circumstances after the crime, it cannot be deemed that the sentence of the court below is too unjustifiable and unfair.

Therefore, the prosecutor's above assertion is not accepted.

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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