beta
(영문) 수원지방법원 2018.06.18 2018노324

사기

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (for Defendant A: imprisonment with prison labor for one year and six months; for three years of suspended execution; and for Defendant D: fine of 18 million won) is too uneased and unreasonable.

2. In light of the law and the amount of fraud of this case, there is no good quality of the crime in light of the crime of this case and the fact that all the defendants were punished for the same kind of crime related to the sale business. However, in addition to the circumstances favorable to the defendants, including the fact that the defendants appear to have been against the defendant through the confinement period of five to six months, and that there is no change of circumstances that could add the punishment of the court below in the judgment of the court below in light of the defendants' age, sexual behavior, environment, motive and circumstance of the crime, means and consequence of the crime, circumstances after the crime, etc., the punishment of the court below is judged to be appropriate, and it cannot be deemed unfair because it is excessively frighted.

The prosecutor's improper argument in sentencing is without merit.

3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.