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(영문) 수원지방법원 2017.12.22 2017노7184
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of the grounds for appeal 1) Defendant’s punishment (eight months of imprisonment) is too unreasonable.

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

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

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.

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, environment, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too heavy or unbrush.

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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