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(영문) 부산지방법원 2020.08.20 2020노1153
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended execution in six months of imprisonment, and probation) is deemed to be too unhued and unfair;

2. Determination

A. According to the records, the court below determined the punishment by taking into account various factors of sentencing, such as the inferior nature of the crime in light of the details and methods of the crime, the records of punishment for the same kind of crime are several times, the errors are divided and reflected, the injured party agreed with the injured party, and the injured party does not want the punishment of the accused. The court below determined the punishment by taking into account the scope of the recommended sentencing guidelines according to the sentencing guidelines established by the Supreme Court.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

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

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