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(영문) 부산지방법원 2019.06.20 2019노847
무고
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of suspended execution for six months of imprisonment, and one hundred and twenty hours of community service order) is deemed to be too unhued and unreasonable.

2. Determination

A. According to the records, the court below imposed a punishment in consideration of various sentencing reasons, such as the poor quality of the crime in light of the criminal history, method, etc., the number of punishment records, and errors, and the fact that the person who received no accusation from the person who received no accusation, and the person who did not want the punishment of the defendant.

B. Although there is no change in the conditions of sentencing compared to 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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