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(영문) 수원지방법원 2015.11.18 2015노5718
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (ten months of imprisonment) is too unhued and unreasonable.

2. Although the Defendant had a record of criminal punishment more than 10 times for the same crime, the circumstance that the Defendant committed the instant crime, which committed the offense by insulting the police officers more than 10 times at the same time, and the responsibility for such offense is not less less than that against which the Defendant did not recover from damage caused by the instant crime, has already been fully reflected in the sentencing of the lower court.

In addition, the Defendant recognized all of the instant crime and reflects on the fact that the Defendant received the treatment of alcohol respect and does not repeat the same mistake and lives in good faith.

In addition, comprehensively taking account of the following factors, such as the Defendant’s age, character and conduct, environment, details and contents of the offense, and circumstances after the offense, etc., the sentencing conditions specified in the instant records and pleadings do not seem to be unfair as the sentence imposed by the lower court 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 as it is without merit. It is so decided as per Disposition.

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