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(영문) 수원지방법원 2019.07.12 2019노2691
사기등
Text

Defendant

All appeals against the defendant A and the prosecutor B are dismissed.

Reasons

1. As to Defendant A’s appeal

A. The summary of the grounds for appeal (two years and six months of imprisonment) by the court below is too unreasonable.

B. The lower court sentenced Defendant A to two and a half years and six months of imprisonment in consideration of the circumstances favorable to Defendant A and favorable to them, and the sentencing guidelines recommended by the Sentencing Committee.

In full view of the following factors: (a) the conditions for sentencing in the trial; (b) each of the instant offenses committed by Defendant A committed each of the instant offenses against the victims living together with the victim, and (c) the victim did not have been able to recover from damage; and (d) the victim did not have been able to receive a letter from the victim; (b) the fact that there was a history of having been punished several times for the same kind of offense; (c) the sentencing judgment of the lower court exceeded the reasonable bounds of discretion; or (d) it is recognized that maintaining the sentencing judgment of the lower court is unreasonable.

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 sentence is too unreasonable, even if it is considered that the circumstances after the instant crime were committed, the age, character and conduct, environment, etc. of Defendant A.

Therefore, Defendant A’s assertion is without merit.

2. As to the Prosecutor’s appeal against Defendant B

A. The summary of the grounds for appeal is unreasonable because the punishment (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) imposed by the court below on the defendant B is too uneased.

B. The lower court sentenced 1 year of imprisonment, 2 years of suspended execution, and 160 hours of community service in consideration of the circumstances unfavorable to Defendant B and favorable to Defendant B, and the recommended sentencing guidelines of the Supreme Court sentencing committee.

In full view of the facts that are the conditions of sentencing in the trial, in particular, Defendant B reflects his mistake, and the recovery of damage, and the primary offender who has no other criminal power, the sentencing decision of the court below is reasonable in its discretion.

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