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(영문) 수원지방법원 2017.09.22 2017노2379
고용보험법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unlawful in sentencing) by the court below is too unafford that the sentence imposed by the court below (one year of imprisonment, two years of probation, one year of probation observation order, one year of community service order, 160 hours of community service order, ten months of probation, two years of probation probation, and 120 hours of community service order) is too unafford.

2. In a case where there is no change in the terms and conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). As no new data on sentencing have been submitted at the trial court, there is no change in the terms and conditions of sentencing compared with the lower court’s judgment, and the circumstances for which the prosecutor alleged as grounds for sentencing are unfair are already reflected in the lower court’s sentencing grounds, and in full view of all other circumstances, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit.

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