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(영문) 청주지방법원 2017.03.03 2017노8
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. Where there is no change in the conditions of sentencing compared with the first instance court, and the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no particular difference in the conditions of sentencing between the lower court and the first instance court, and comprehensively considering the reasons for sentencing as stated by the lower court, the lower court’s sentencing was too heavy or unhued so far as it goes beyond the reasonable scope of discretion.

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

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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