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(영문) 수원지방법원 2017.10.27 2017노4429
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (the suspended sentence: a fine of four million won) is too uneased and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court 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). The lower court suspended the sentence of a fine for the Defendant, taking into account all the following factors: (a) the Defendant recognized the instant crime and reflects the Defendant; (b) the Defendant did not have any history of punishment for the same type of crime; (c) there was no history of punishment for the Defendant; and (d) there was no history of punishment exceeding the fine for the same type of crime; (d) the circumstances leading to the instant crime; and

In addition to the above sentencing conditions, even when comprehensively considering all the sentencing conditions in the instant case, including the Defendant’s age, sexual conduct, environment, and circumstances after the crime, the lower court’s sentencing appears to have been conducted within the reasonable scope of discretion, and there is no discovery of any special change in circumstances that could change the lower court’s sentencing. Therefore, it is not recognized that the lower court’s sentencing is unfair because it is too uneasible.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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