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(영문) 수원지방법원 2017.09.29 2017노5494

전기통신사업법위반등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal 1) The sentence of the lower court (a crime No. 1 in its holding: imprisonment with prison labor for two months, and a crime No. 2 in its holding: imprisonment with prison labor for four months) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. The lower court rendered a two-month imprisonment and four-month imprisonment with prison labor for the crimes No. 1 as indicated in the lower judgment and No. 2 as indicated in the lower judgment, taking into account the favorable and unfavorable circumstances to the Defendant.

When comprehensively considering the conditions for sentencing in the trial, the sentencing of the court below exceeded the reasonable scope of its discretion, and the sentencing guidelines, the sentencing of the court below exceeded the reasonable scope of its discretion.

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the Defendant’s age, sex, environment, circumstances, and consequence of the crime, etc., the sentence of the lower court is appropriate, and it does not seem unfair because it is too hot or unfasible.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

Therefore, the defendant and the prosecutor's argument are without merit.

3. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act.