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(영문) 수원지방법원 2016.09.23 2016노3486
사기미수등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (one year and six months of imprisonment, three years of suspended execution) is deemed to be too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the following: (a) the Defendant recognized and reflects a crime; (b) the Defendant did not have any criminal record exceeding the same criminal record or fine; and (c) the Defendant’s age, sex, sex, environment, motive, means, means and consequence of the crime; and (d) other circumstances that form the conditions of the sentencing specified in the lower court’s sentencing trial process, such as the circumstances after the crime, it does not seem that the lower court’s sentencing is too unfeas

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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