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(영문) 수원지방법원 2019.05.03 2019노29
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and two hours of community service order) declared by the court below is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The crime is not likely to be committed because of the systematic and systematic participation in the crime of licensing which causes many unspecified victims.

Damage has not been recovered.

On the other hand, the following conditions are favorable.

There is no record of punishment for the same crime.

In light of the aforementioned circumstances, the lower court sentenced the Defendant to two years of suspended sentence for one year of imprisonment and two hours of community service order.

There is no circumstance that the lower court’s determination of sentencing exceeded the reasonable bounds of its discretion when comprehensively considering the conditions of sentencing and the applicable sentences in the trial, or that it is deemed unfair to maintain the lower court’s determination of sentencing.

In addition, considering the circumstances and results of the instant crime, the sentence of the lower court is appropriate, and it is not recognized that the said sentence is unreasonable because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

3. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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