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(영문) 서울동부지방법원 2018.03.30 2017노1939

사기미수

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The grounds for appeal (unfair sentencing) asserts that the defendant is too unafford by imprisonment with prison labor (6 months, confiscation) of the lower court, and that the prosecutor is too unafford and unfair by the lower court’s sentence.

2. Comprehensively taking account of the arguments in this case and the reasons for sentencing indicated in the records, the lower court’s sentencing appears to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the Defendant and the Prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto. Therefore, the argument that the Defendant and the Prosecutor’s

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act: Provided, That the part of "1. Suspension of execution" and "1. Protection observation, etc." among the application of the law of the court below and the part of "where the defendant has previously participated in the same kind of case, even if he had previously participated in the same kind of case (the protocol for the examination of the defendant's prosecutor)" is obvious that the defendant's office is erroneous and corrected ex officio pursuant to Article 25(1) of the Regulation on Criminal Procedure.