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(영문) 수원지방법원 2017.09.29 2017노5064
변호사법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (two years and six months of imprisonment, additional collection) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As new sentencing materials have not been submitted at the trial at the trial, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances in which the Defendant and the prosecutor alleged for each reason of sentencing are already reflected in the grounds of sentencing of the lower court, and the circumstances in which the lower court’s age, sex, sex, environment, criminal records, motive, means and consequence of the crime, the circumstances after the crime, and the sentencing cases of the similar case are considered to have already been reflected in the grounds of sentencing of the lower court. In full view of all the various circumstances, the lower court’s sentencing was too heavy or too unreasonable and exceeded

It does not seem that it does not appear.

Therefore, each of the unfair sentencing arguments of the defendant and the prosecutor is without merit.

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

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