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(영문) 부산지방법원 2018.09.20 2018노1805

컴퓨터등사용사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, and the community service order of 120 hours) imposed by the court below is too uneasible and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court, comprehensively taking account of the circumstances in the judgment, determined the sentence against the Defendant.

The circumstances alleged by the prosecutor on the grounds of appeal (the scale of damage, failure to recover damage, and power to suspend indictment) appears to have been already considered in the sentencing process of the lower court, and there is no new change in circumstances that could change the sentence of the lower court in the trial.

When comprehensively considering the sentencing conditions, such as the Defendant’s age, living environment, relationship with the victim, motive for the crime, circumstances after the crime, and criminal record, as shown in the arguments of the lower court and the deliberation of the lower court, it cannot be deemed that the sentence imposed by the lower court exceeded the reasonable scope of discretion, or is unfair due to excessive absence of discretion.

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.