특정범죄가중처벌등에관한법률위반(허위세금계산서교부등)등
The prosecutor's appeal is dismissed.
1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two years of suspended sentence of imprisonment with prison labor for 10 months and suspended sentence of fine) is too uneasible and unreasonable.
2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials for sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing against the Defendant was too unfilled and exceeded the reasonable scope of discretion.
It does not appear.
The prosecutor's improper argument in sentencing is without merit.
3. The appeal by the prosecutor of the conclusion is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.