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(영문) 청주지방법원 2019.08.29 2019노76
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is as follows: (a) in light of the fact that the Defendant was sentenced to imprisonment for ten months with prison labor for the crime of aiding and abetting fraud at the branch court of Suwon District Court on November 15, 2017, and the Defendant repeatedly committed each of the crimes of this case without being aware of the fact that he was in the period of suspension of the execution, and without being aware of the fact that he was in the period of suspension of the execution of the sentence, the sentence of the lower court (three million won of fine) is too unab

2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The above circumstances alleged by the prosecutor as the grounds for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below. In addition, considering the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case and the circumstances after the crime, etc., the sentencing of the court below cannot be deemed to have exceeded the reasonable scope of discretion because it is too inappropriate to determine the sentencing of the court below.

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

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