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(영문) 인천지방법원 2020.09.23 2020노2137
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a fine of one million won for a crime No. 3 of the original judgment, and a fine of one million won for a crime No. 1, 2, and 4 of the original judgment) declared by the court below is deemed to be too uneasible 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 light of various sentencing conditions indicated in the instant records and arguments, considering the following: (a) there is no change of circumstances that may be considered in sentencing after the lower judgment; (b) the Defendant does not want the punishment of the Defendant by mutual agreement with K among the victims of crimes No. 3 (Special Intimidation) as indicated in the lower judgment; (c) the crime of special intimidation ought to take into account the case and equity with the case where the said victim is judged simultaneously with the criminal records entered in the judgment of the lower court that became final and conclusive; and (d) the total amount of damage caused by larceny of crimes No. 1, 2, and 4 as indicated in the lower judgment and the time for business obstruction is relatively short and the damage seems to be insignificant, even if considering the circumstances asserted by the Prosecutor as the grounds for appeal, it is difficult to deem

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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