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(영문) 부산지방법원 2018.10.18 2018노2272
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of six months, the suspension of execution of two years, and the community service order 160 hours) imposed by the court below is too uneasible and unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the following factors: (a) the Defendant’s circumstance leading to the instant crime; (b) the degree of deception; (c) there is no extraordinary circumstance or change in circumstances that may be newly considered in the sentencing after the pronouncement of the lower judgment, including the background leading up to the instant crime; and (d) other factors revealed in the course of the instant pleadings, including the Defendant’s age, family relation, criminal record (one time of a fine due to drinking alcohol driving); and (c) the circumstances after the crime, etc., the lower court’s sentence cannot be deemed to have exceeded the reasonable scope of discretion or be deemed to have been unfair

3. According to the conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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