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(영문) 수원지방법원 2019.10.18 2019노3695

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below rendered is too unhued and unreasonable.

2. The lower court sentenced the Defendant to a fine of KRW 9 million, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

There is no circumstance that the sentencing judgment of the court below is deemed to have exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain the sentencing judgment of the court below as it is, in light of the following: (a) the fact that the defendant was committed in the trial for the first time, in particular, when the defendant was committed in the trial; and (b) the victim was shot the defendant’s wife against the defendant; and (c) the defendant’s wife was taken into account.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.