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(영문) 수원지방법원 2018.01.12 2017노7541
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of the grounds for appeal 1) Defendant’s punishment (four months of imprisonment) is too unreasonable.

2) The Prosecutor’s sentence is too unhued and unreasonable.

2. The lower court sentenced the Defendant to four months of imprisonment, taking into account the circumstances favorable to the Defendant, the circumstances favorable to the Defendant, and the recommended sentencing guidelines of the Supreme Court sentencing committee.

When comprehensively considering the conditions of sentencing, the sentencing judgment of the court below exceeded the reasonable limit of its discretion in light of the sentencing criteria, the sentencing criteria, etc.

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.

In addition, even in full view of the circumstances and results of the instant crime, Defendant’s age, sexual conduct, family relationship, etc., the sentence of the lower court is appropriate, and it is not deemed unfair because it is too heavy or unbrupted.

Therefore, both prosecutor and defendant's assertion are without merit.

3. The appeal by the conclusion prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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