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창원지방법원 2019.08.28 2019노695

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for eight months, two years of suspended sentence, and community service order) of the lower court is deemed to be too uneasible and unfair.

2. If there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Even when considering the circumstances alleged by the prosecutor as the grounds for appeal, the lower court appears to have determined a punishment within a reasonable scope, sufficiently taking into account the overall circumstances regarding sentencing.

Furthermore, there are no special circumstances or changes in circumstances to change the sentencing of the lower court after the lower judgment.

Therefore, prosecutor's assertion is without merit.

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