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(영문) 서울남부지방법원 2020.11.23 2020노420
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) sentenced by the court below (six months of imprisonment) is too uneased and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment on the grounds that new materials for sentencing have not been submitted in the examination room and the trial room. In full view of the reasons for sentencing as stated by the lower court and the records of the instant case and the reasons for sentencing in the trial proceedings, the lower court’s sentencing is too uncompared and so, is not recognized to have exceeded the reasonable scope of discretion.

The prosecutor's assertion of unfair sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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