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(영문) 수원지방법원 2017.11.03 2017노3914
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because the punishment (15 million won in penalty) imposed by the court below is too uneased.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance 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). As no new data on sentencing have been submitted at the trial court, there is no change in the conditions of sentencing compared with the judgment of the lower court, and the circumstances for which the prosecutor claims for the reason of sentencing were alleged as unfair, are deemed to have already been reflected in the reasons for sentencing of the lower court, and the Defendant appears to have divided the errors during the period of detention for a period of two months, and in full view of the various circumstances, such as the motive, means, and consequence of the crime, and the circumstances after the crime, etc., of the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

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.

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