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(영문) 서울동부지방법원 2018.12.13 2018노631
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the lower judgment by misapprehending the facts and legal principles, the part of the lower judgment dismissing the public prosecution was clearly identified to the extent that the facts constituting the cause of the public prosecution were distinguished from those of other facts charged, and the Defendant voluntarily recognized that the cash withdrawal was derived from the criminal act of Bohishing. However, the lower court dismissed this part of the public prosecution on the ground that this part of the facts charged was not specified. In so determining, it erred by misapprehending

B. The punishment of the lower court (six months of imprisonment, two years of suspended execution) is deemed to be too uneasy and unfair.

2. Determination

A. Examining the part of the facts charged by the lower court that dismissed the prosecution against misunderstanding of facts and misapprehension of legal doctrine, the lower court specified this part of the facts charged for the reasons indicated in its reasoning.

Therefore, it is reasonable to dismiss this part of a public prosecution by deeming that the procedure of public prosecution constitutes a case where it is null and void in violation of the provisions of law. There is an error of misunderstanding of facts and misunderstanding of legal principles alleged by

subsection (b) of this section.

Therefore, this part of the prosecutor's argument is without merit.

B. In full view of the reasons for sentencing indicated in the records of the instant case’s judgment on the unfair argument of sentencing, the lower court appears to have been reasonably determined by fully taking into account all the circumstances, including the various reasons for sentencing alleged by the prosecutor, and no special circumstance exists to the extent that the lower court’s punishment is to be changed.

Therefore, the prosecutor's above argument of sentencing is without merit.

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 appeal is without merit. It is so decided as per Disposition.

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