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(영문) 부산지방법원 2020.07.23 2020노203 (1)
새마을금고법위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The determination of the summary of the grounds for appeal (e.g., a fine of two million won) is unreasonable;

2. The lower court, based on the nature of the crime that damages the fairness and transparency of the election, the reflectiveness of the accused, criminal records, and the amount of money and valuables provided, etc.

The court below did not seem to have erred in selecting and applying the sentencing elements, and there is no change in the sentencing elements in the appellate court.

The determination of the original judgment cannot be respected.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Examining the sentencing factors again in this court, it cannot be deemed unreasonable that the amount of the original sentence exceeds the reasonable scope of the discretion.

3. The appeal by the prosecutor of conclusion is without merit.

The dismissal under Article 364 (4) of the Criminal Procedure Act is dismissed.

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