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(영문) 수원지방법원 2018.11.06 2018노3464
사기미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (Defendant A: one year of imprisonment, three years of suspended execution, three years of community service order, 200 hours of community service order, Defendant B: ten months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unfasible and unreasonable.

2. There is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the lower court’s judgment. In full view of all the reasons for sentencing indicated in the records of this case, the lower court’s sentencing against the Defendants exceeded the reasonable scope of discretion because it is too unhued.

shall not be deemed to exist.

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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