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(영문) 인천지방법원 2020.01.31 2019노884
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution on the charge of assault among the facts charged in the instant case and convicted the remainder of the facts charged.

However, according to the prosecutor's appeal only for the guilty portion of the judgment of the court below, the dismissal of the above indictment was separated and finalized.

Therefore, the scope of this court's adjudication is limited to the remaining conviction except the above dismissed dismissal part.

2. 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 unhued and unreasonable.

3. We examine the judgment, and consider various sentencing conditions as shown in the records and arguments of this case, even when considering the circumstances alleged by the prosecutor as the grounds for appeal, the lower court’s punishment is too uneasible and unreasonable.

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

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