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(영문) 수원지방법원 2017.10.27 2017노4581
사기
Text

Defendant

All appeals filed by A and D and prosecutor against the Defendants are dismissed.

Reasons

1. A summary of the grounds for appeal 1) Defendant A and D prosecutor’s sole appeal filed an appeal to prevent disadvantages caused by the independent appeal.

2) The sentence imposed by the prosecutor by the court below on the Defendants (the suspended sentence of a fine of KRW 3 million; the suspended sentence of a fine of KRW 2 million; the suspended sentence of a fine of KRW 1 million; the suspended sentence of a fine of KRW 1 million; the suspended sentence of a fine of KRW 4 million; the suspended sentence of a fine of KRW 4 million; and the suspended sentence of a fine of KRW 1 million,000,000,000) is too

2. Determination 1) Defendant A and D’s assertion on Defendant A and D’s appeal is not a legitimate ground for appeal prescribed in Article 361-5 of the Criminal Procedure Act, and the above Defendants’ assertion is without merit.

2) The lower court, on the prosecutor’s appeal against the Defendants, suspended the sentence of a fine, taking into account the unfavorable circumstances and favorable circumstances for the Defendants.

In full view of the following factors: (a) the conditions for sentencing in the trial; (b) the developments leading up to the instant crime; (c) the Defendants’ history of the instant crime (no record of criminal punishment exists; (d) Defendant C has no record of criminal punishment in addition to the suspended sentence once for the instant crime; and (e) Defendant E has no record of criminal punishment for about 16 years after being sentenced to a fine of 300,000 won for a violation of the Juvenile Protection Act in around 1999; and (e) the sentencing guidelines, etc., the judgment of the lower court exceeded the reasonable bounds of discretion.

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.

As a result of the instant crime, even if comprehensive consideration of the circumstances after the instant crime, the age, sex, environment, etc. of the Defendants, the sentence of the lower court is appropriate, and it is not deemed unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

3. Conclusion, Defendant A and D’s appeal and the Prosecutor’s appeal are without merit, and they are all dismissed under Article 364(4) of the Criminal Procedure Act.

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