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(영문) 서울북부지방법원 2018.04.05 2017노2191
공전자기록등불실기재등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (one year of imprisonment and two years of suspended execution) is too unfasible.

2. Determination of the reasons for appeal is recognized that the circumstances unfavorable to the Defendant, such as the fact that the passbook provided by the Defendant was used for a separate fraud crime, causing additional damage, and the fact that the crime is not good, such as establishing a floating corporation to open an account.

However, examining the sentencing conditions of the argument of this case, including the circumstances favorable to the defendant, such as the fact that the defendant is the primary offender, the fact that the defendant seems to have never gained any benefits due to the crime of this case, and the fact that the defendant seems to have no actual benefits due to the crime of this case, etc., the court below’s punishment cannot be deemed to be unfair because the defendant’s punishment is too uneasible and unfair. Thus, the prosecutor’s above assertion is without merit.

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

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