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(영문) 서울중앙지방법원 2020.04.24 2019노1747
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the 6 months imprisonment with prison labor for a crime No. 2, 6 months, 2018 Highest 8017 as indicated in the Decision of 2018 Highest 8017 as well as fines No. 1 as stated in the Decision of 2018 Highest 8017 as well as fines No. 4

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that takes place within a reasonable and reasonable scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on the principle of trial-oriented and directness, there are unique areas of the lower court regarding the determination of sentencing.

In addition, considering these circumstances and the ex post facto nature of the appellate court, where there is no change in the conditions of sentencing compared to the original court and the sentencing of the original court does not deviate from the reasonable scope of the discretion, it is reasonable to respect them. In the case of the defendant, there is no change in the conditions of sentencing compared to the original court, and the sentencing of the original court does not deviate from

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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