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(영문) 수원지방법원 2019.07.05 2019노2228
사기미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, three years of suspended execution, and 240 hours of community service) declared by the court below is too uneasy and unreasonable.

2. The lower court sentenced the Defendant to one year of imprisonment, three years of suspended execution, and 240 hours of community service, taking into account the circumstances unfavorable to the Defendant and favorable to the Defendant.

There is no circumstance in which the lower court’s sentencing is deemed to have exceeded the reasonable bounds of discretion when comprehensively considering the following: (a) the conditions for sentencing in the trial; (b) the Defendant was involved in the instant crime, namely, that is, the social harm of the Defendant, and thus, the liability for such crime was absolute, but all of the instant crimes were recognized; (c) the Defendant did not have any other criminal history; and (d) the Defendant did not have any other criminal history; and (e) the Defendant was deemed to have exceeded the reasonable bounds of discretion; or (e) the lower court’s sentencing is deemed to have been inappropriate to maintain the judgment of the lower court as it is.

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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