(영문) 서울고등법원 2018.12.06 2018노1937 | 리걸엔진

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(영문) 서울고등법원 2018.12.06 2018노1937

변호사법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment and two years of suspended sentence) is too unfluent and unfair.

2. The lower court determined that the Defendant committed the instant crime under the circumstances unfavorable to the Defendant, taking into account (i) the fact that the instant crime was committed under the conditions unfavorable to the Defendant, (ii) the fact that the Defendant was detrimental to the social confidence in the purchase of the outcome of the execution of duties conducted by the investigative agency and that it was detrimental to the legitimate criminal justice function; (iii) the Defendant committed the instant crime using the fact that he was dispatched to KK working at the Seoul Central District Public Prosecutor’s Office (Seoul), and (iv) the Defendant was committed on several occasions, as if he was working at the Seoul Central Public Prosecutor’s Office at the time of the instant crime; and (iv) the fact that the value of the money and valuables received by the Defendant was not significant; (iii) the favorable circumstances; (iv) the Defendant recognized the Defendant’s mistake and reflects the Defendant; (iv) the Defendant did not have any criminal record exceeding the fine; and (v) the circumstances under which the Defendant’s health could be taken into account;

In full view of the factors and sentencing criteria as shown in the sentencing review process of the lower court, the lower court’s judgment exceeded the reasonable bounds of its discretion.

shall not be assessed.

B. In addition, there are no circumstances to recognize that the court below’s improper reasons for sentencing alleged by the prosecutor are unfair to maintain the judgment of the court below as it is, in full view of the materials revealed in the court’s sentencing proceedings, while determining the defendant’s punishment.

Therefore, the prosecutor's improper argument of sentencing is not accepted.

3. In conclusion, the prosecutor’s appeal is without merit and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

유사 판례

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