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(영문) 수원지방법원 2017.03.16 2016노3142
사기등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In light of the gist of the prosecutor’s grounds of appeal (unfair sentencing) that the Defendants did not make any effort to recover from damage, etc., the lower court’s punishment, which sentenced the Defendants to a suspended sentence of one year and observation of protection, and a community service order of 120 hours in each of the eight months of imprisonment, is too uneasible and unreasonable.

2. In full view of the facts alleged in the grounds of appeal, even if considering the circumstances alleged in the grounds of appeal such as the Defendants’ age, sex, environment, motive and background of the crime, degree of damage, circumstance after the crime, etc., the above assertion is without merit since each of the lower courts’ punishment against the Defendants is too unfasible and unreasonable.

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

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