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(영문) 수원지방법원 2017.02.08 2016노7521
사기
Text

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

Reasons

1. The lower court’s sentence (Defendant A: 1 year of imprisonment, 2 years of suspended execution, 10 months of imprisonment and 2 years of suspended execution) against the Defendants on the summary of the grounds of appeal is deemed to be too uneasible 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 such a case, there is no change in the conditions of sentencing compared with the lower court’s judgment because new materials for sentencing have not been submitted at the trial court, and in full view of the various circumstances, which form the conditions of sentencing specified in the lower court’s sentencing trial, such as Defendant A, C’s age, sex, environment, motive, means, and consequence of the crime, etc., the lower court’s sentencing against Defendant A and C is deemed to be appropriate, and it does not seem to go beyond the reasonable scope of discretion as it is too unhued.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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