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(영문) 수원지방법원 2017.09.22 2017노2491
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (each suspended sentence of a fine of two million won (each of the suspended sentence of a fine of two million won, each of the fines of one million won) imposed by the court below is too uneasable and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court suspended a sentence of fine against the Defendants by taking into account all of the following factors: (a) the Defendants’ misunderstandings and reflects each other’s mistake; (b) the Defendants did not have any history of punishment prior to the instant crime; (c) the Defendants agreed with each damaged insurance company; and (d) the motive and circumstances of the instant crime.

In addition to the above sentencing conditions, even when comprehensively considering all the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, and circumstances after the crime, the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion, and there is no discovery of any special change in circumstances that could change the lower court’s sentencing. Therefore, it is not recognized that the lower court’s sentencing is unfair because it is too uneasible.

3. In conclusion, the prosecutor's appeal against the defendants is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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