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(영문) 서울서부지방법원 2016.08.11 2016노644

공무원자격사칭등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (three years of suspended execution, protection observation, and community service order 120 hours in February of one year and two months) on the gist of the grounds of appeal is deemed to be too unhued and unreasonable.

2. On the other hand, even though the defendant had already been punished for the same kind of crime, the method of the crime in this case was committed, and the method of the crime in this case is also defective. However, on the other hand, the defendant confessions and reflects the defendant, deposit the amount of damage to the victim in the trial, the amount of the damage to the victim is not good due to the fall accident, and other all the sentencing conditions in the arguments and records such as the defendant's age, career, sexual conduct, etc., the court below's sentence is proper. Thus, the prosecutor's improper assertion of sentencing 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. It is so decided as per Disposition.