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(영문) 수원지방법원 2017.06.30 2017노2376
변호사법위반
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of the grounds for appeal 1) Defendant’s punishment (a year and six months of imprisonment, and additional collection) by the lower court is too unreasonable.

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

2. The lower court sentenced the Defendant to one year and six months of imprisonment, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

In full view of the matters on the conditions of sentencing and the applicable sentences in the trial, the sentencing judgment of the court below exceeded the reasonable bounds of its discretion.

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

In addition, even in full view of the circumstances and results of the instant crime, Defendant’s age, sexual conduct, family relationship, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too heavy or unbrupted.

Therefore, both prosecutor and defendant's assertion are without merit.

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

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