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(영문) 수원지방법원 2016.05.04 2015노7495

부정수표단속법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (six months of imprisonment and two years of suspended sentence) is deemed to be too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared with the lower court’s judgment because new materials on sentencing have not been submitted at the trial court, and in full view of the following circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing is deemed appropriate, and it does not seem to deviate from the reasonable scope of discretion, as it is too unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.