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(영문) 창원지방법원 2016.11.17 2016노2268

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution regarding intimidation among the facts charged in the instant case and sentenced the remainder of the facts charged.

However, since only the prosecutor appealed the guilty portion of the judgment below and did not appeal all the prosecutor and the defendant with respect to the dismissal of prosecution, the dismissal of prosecution in the judgment below became final and conclusive as it is.

Therefore, only the guilty portion of the judgment of the court below is subject to the judgment of this court.

2. The summary of the grounds for appeal (ten months of imprisonment and two years of suspended execution) imposed by the court below on the defendant is deemed to be too uneasible and unfair.

3. As stated in detail in the reasons for the sentencing, the lower court, as well as the reasons for the sentencing, determined the sentence by fully taking account of the overall circumstances regarding the sentencing of the Defendant, and it appears that it is within a reasonable scope, and there are no circumstances to be newly considered in the trial. Therefore, it is not recognized that the lower court’s sentence is too uneasible and unreasonable.

4. If so, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act.