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(영문) 서울북부지방법원 2017.06.22 2017노598

사기방조

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one year of imprisonment, two years of suspended execution, and 120 hours of community service) is too unfasible.

2. Although there is a disadvantage to the defendant, such as the fact that the damage suffered by the victim has not yet been recovered due to the instant crime, considering the circumstances favorable to the defendant, such as the fact that the defendant is seriously against his own crime, the motive and background leading up to the instant crime, the means and method of the crime, the circumstances before and after the instant crime, the defendant's age, sexual behavior, environment, occupation, family relationship, etc., and other circumstances, which are the conditions of sentencing as shown in the arguments and arguments, it cannot be deemed unfair because the sentence imposed by the court below is too uneasible.

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.