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(영문) 의정부지방법원 2016.07.01 2015노3002
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, the observation of protection, the community service time of 80 hours) imposed by the court below on the defendant is too uneased and unreasonable.

2. In light of the method, content, frequency, etc. of the instant crime, the fact that the crime was not good and that the victims did not agree with the victims and that the damage was not recovered, etc. are disadvantageous to the Defendant.

However, in full view of various circumstances, including the following: (a) the Defendant appears to have committed the instant crime; (b) the damage caused by the instant crime was not significant; (c) there was no history of punishment for the same kind of crime; and (d) there was no history of punishment other than punishment by a fine; and (c) the lower court appears to impose surveillance and community service order when suspending the execution of imprisonment within the scope of the recommended punishment set by the sentencing guidelines, taking full account of the various circumstances of the Defendant, and there was no reason to deem the sentencing of the lower court to be significantly unfair; and (d) the Defendant’s age, sexual behavior, environment, background, method of the instant crime, circumstances after the crime, and criminal record, etc., the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendant is adequate and too unreasonable.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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