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(영문) 수원지방법원 2017.05.12 2016노7281
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal (eight months of imprisonment and two years of suspended execution) is deemed to be too unhued and unfair.

2. The lower court sentenced two years of suspended sentence to eight months of imprisonment, taking into account the favorable and unfavorable circumstances to the Defendant.

When comprehensively considering the conditions for sentencing in the trial, the sentencing of the court below exceeded the reasonable scope of its discretion, and the sentencing guidelines, the sentencing of the court below exceeded the reasonable scope of its discretion.

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, the prosecutor's improper argument of sentencing is without merit.

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

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