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(영문) 서울동부지방법원 2018.06.29 2017노1027

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment with prison labor for six months and one year of suspended sentence) is too unfased and unreasonable.

2. In full view of the reasons for sentencing indicated in the records of the instant case, the lower court’s sentencing against the Defendant appears to have been appropriately determined by fully taking account of all the circumstances, including the various reasons for sentencing asserted by the Prosecutor, and no special circumstance exists to the extent that the lower court’s sentencing is modified.

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 prosecutor's appeal is without merit. It is so decided as per Disposition (Provided, That in accordance with Article 25 (1) of the Rules on Criminal Procedure, ex officio, pursuant to Article 25 (1) of the Rules on Criminal Procedure, it is corrected that "each of the acts No. 9" and "Article 37, 38 (1) 2, and 50 of the Criminal Procedure Act" are deleted on the second and second sides of the judgment below.