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(영문) 수원지방법원 2014.11.27 2014노2900
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s punishment (ten months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service order) against the Defendant as to the summary of the grounds for appeal is deemed unreasonable.

2. The judgment of the defendant deceiving multiple victims, by deceiving them as a deposit money for a long time, and it seems that the victims suffered considerable economic suffering because they failed to recover damage for a long time. In light of the circumstances of the crime, methods and results, etc., the crime of this case is not less complicated, and the circumstances after the crime are not good, such as the defendant's long-term escape life, and the victims were unable to agree with the victims, and the victims want to escape severe punishment are disadvantageous to the defendant.

However, in full view of the following facts: (a) the Defendant led the Defendant to commit a crime with no criminal history at all; (b) the guiding members of the Defendant’s operation, escape or death, making it difficult for the Defendant to maintain the system; (c) one of the grounds for the commission of the crime; (d) the Defendant’s health is considerably poor; (d) the Defendant is undergoing surgery to remove cerebral sale; and (e) other factors of sentencing as indicated in the instant case, the sentence of the lower court ordering a relatively long-term community service is not too unreasonable, while rendering a suspended sentence on the part of the Defendant.

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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