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(영문) 서울동부지방법원 2018.11.23 2018노567
무고등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable as it is too unfasible to the extent that the penalty (4 million won) imposed by the court below is too unfased.

2. In full view of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court’s sentencing against the Defendant appears to have been appropriately determined by fully considering all the circumstances, including the various reasons for sentencing asserted by the Prosecutor, and no special circumstance exists to the extent that the lower court’s sentencing is to be changed.

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 prosecutor's appeal is without merit, and it is so decided as per Disposition (Provided, That pursuant to Article 25 (1) of the Rules on Criminal Procedure, ex officio, pursuant to Article 25 (1) of the Rules on Criminal Procedure, the second 5 of the judgment below is changed to "Defendant".

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