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(영문) 수원지방법원 2019.08.19 2019노412
사기
Text

The prosecutor's appeal is dismissed.

Reasons

The reason for the prosecutor’s appeal is that the court below’s punishment (2 million won of fine) is too uneasy and unreasonable. However, even if the materials presented at the court below were presented, there is no meaningful change in the conditions of sentencing compared to the court below’s judgment, and comprehensively taking account of the reasons for sentencing indicated in the records of this case, the court below’s punishment against the defendant cannot be deemed unfair because it is too inappropriate and too uneasy compared to those of the court below. Thus, under the Criminal Procedure Act, the court below’s trial-oriented principle and the principle of directness exists in relation to the determination of sentencing, and there is no change in the conditions of sentencing compared with

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Prosecutor’s appeal is decided as per Disposition on the grounds that the appeal is groundless.

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