logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 청주지방법원 2017.08.11 2017노679
사기
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (Defendant A: Imprisonment of one year and eight months, Defendant B: imprisonment of one year and one year and one year and one year of suspended execution, two years of surveillance and surveillance of protection, and a community service order of 160 hours) is deemed to be too uneasy and unfair.

2. We examine the sentencing and warning of the Defendants of the Prosecutor’s judgment together.

The lower court seems to have sentenced the Defendants to the punishment by taking into account the favorable and unfavorable circumstances to the Defendants.

When comprehensively taking into account the motive, circumstance, and result of the crime in the trial, the circumstances after the crime, the age of the Defendants, sexual conduct, and the record of punishment, as well as the matters on which the sentencing conditions are attached, the statutory penalty, and the sentencing guidelines in the trial, the judgment of the court below exceeded the reasonable bounds of discretion.

There is no special circumstance that it is deemed unfair to maintain the judgment of the court below as it is, nor there is no special circumstance.

Therefore, we cannot accept all the reasoning of the above appeal by the prosecutor against the defendants.

3. In conclusion, since each appeal against the Defendants by the prosecutor is without merit, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow