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(영문) 서울동부지방법원 2018.11.23 2018노1365
사기방조
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The grounds for appeal (unfair sentencing) are as follows: (a) each sentence of the lower court (an imprisonment of 10 months, a suspended sentence of 2 years, Defendant B: imprisonment of 1 year, and confiscation) is too uneased and unreasonable.

2. According to the arguments and records of the instant case, the lower court appears to have been appropriately determined by fully considering the various sentencing grounds asserted by the prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. In conclusion, the prosecutor’s appeal is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the court below’s judgment ex officio, and by adding “1. Statutory mitigation Defendants: Articles 32(2) and 55(1)3(p) of the Criminal Procedure Act” to the front of “an aggravated punishment of 1. concurrent crimes” in Article 5 of the Regulation on Criminal Procedure.

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