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(영문) 수원지방법원 2017.10.27 2017노4637
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (a suspended sentence: a fine of one million won) on the summary of the grounds for appeal is deemed to be too uneasy and unreasonable.

2. The lower court suspended the sentence of a fine of KRW 1 million, taking into account the favorable and unfavorable circumstances to the Defendant.

The judgment of the court below exceeded the reasonable scope of discretion when comprehensively taking into account the following factors: (a) the conditions of the sentencing in the trial; (b) the accused has been sentenced to a fine once, and (c) the fact that the accused has agreed to the injured insurance company, (d) the applicable sentences, and (e) the sentencing

There is no circumstance that it is unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, considering the Defendant’s age, sex, environment, circumstances, and result of the crime, etc., the sentence of the lower court is appropriate, and it does not seem unfair because it is too unfasible.

Therefore, prosecutor's assertion is without merit.

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

Meanwhile, the judgment of the court below’s 13 pages 2, 250,000’s “gold 1,250,000” is clear that it is a clerical error in the “gold 1,265,000 won”, and thus, ex officio correction is made pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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