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(영문) 창원지방법원 2018.03.28 2017노2986
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court determined the sentence (one year of suspended sentence in April) in consideration of the Defendant’s age, sexual conduct, environment, motive and means of a crime, circumstances after a crime, etc., and other various sentencing conditions as shown in the records and arguments, under the favorable circumstances in which the Defendant agreed with the victim that the injured person does not want the Defendant’s punishment, and considering the fact that the injured person has been punished several times in the same kind of crime, and determined the sentence (one year of suspended sentence in the same month).

The reason for the improper sentencing (pre-trial relationship, amount of damage, etc.) alleged by the prosecutor is that the court below had already considered the punishment for the defendant, or that the above sentencing conditions have changed.

In addition to the circumstances that cannot be seen as circumstances that are difficult to view, and considering the fact that the defendant led to the confession and reflects of the crime, each of the crimes in this case must consider the equity between the case and the case where the judgment is rendered simultaneously with the case where the judgment becomes final and conclusive, the lower court’s punishment is deemed reasonable within the reasonable scope of discretion.

The 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 prosecutor's appeal is without merit. It is so decided as per Disposition.

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