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(영문) 청주지방법원 2017.03.31 2017노36
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The lower court determined the Defendant’s punishment in consideration of the following circumstances confirmed through the overall purport of records and pleadings:

The normal circumstances that are advantageous: the normal circumstances that have no record of excess of the same kind of fine and fine: (i) the nature of the crime is not good in light of the method of deception; (ii) the fact that the damage has not been recovered; and (iii) even if all of the circumstances that the lower court appropriately determined in the above circumstances, including the materials added in the trial, were collected to all the circumstances that can be the conditions of the sentencing confirmed through the whole record, the lower court’s judgment exceeded the reasonable bounds of its discretion.

It does not seem unfair to maintain the judgment of the court below as it is.

Therefore, we cannot accept all the argument that the sentencing of the defendant and the prosecutor is unfair.

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

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