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(영문) 인천지방법원 2020.10.23 2019노4190
사기미수
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of 5 million won) imposed by the court below on the defendant is too uneased and unreasonable.

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). The Defendant committed the instant crime without being aware of the fact that he/she committed the instant crime even though he/she was in a repeated offense period, and the Defendant repeatedly committed the instant crime after repeatedly committing the instant crime on or around August 31, 2018. However, the lower court appears to have already taken into account the aforementioned circumstances, and there is no particular change in circumstances that may be considered for sentencing after the lower judgment, and other various sentencing conditions specified in the records and arguments, it does not seem that the lower court’s punishment was too unfilled and exceeded the reasonable scope of discretion.

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.

(However, pursuant to Article 25 (1) of the Rules on Criminal Procedure, Article 5 (1) 3 of the Decree on Criminal Procedure shall be amended ex officio to Article 5 (1) 6 of the Decree on Criminal Procedure.

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