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(영문) 부산지방법원 2018.11.22 2018노3616
부정수표단속법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence [one year of imprisonment and two years of suspended execution, fine 1,50,000 won, community service order 80 hours, confiscation (Evidence 1 to 12)] against the Defendant on the gist of the prosecutor’s appeal 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 court 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s given that new materials for sentencing have not been submitted in the trial, and in full view of the factors revealed in the argument process of the instant case, the lower court’s sentencing is too unreasonable because it goes beyond the reasonable scope of discretion.

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

3. In conclusion, the prosecutor’s appeal is without merit. Thus, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition. However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, “Article 334(1) of the Criminal Procedure Act” among the “application of the law” column of the judgment below ex officio pursuant to Article 25(1) of the Regulation on Illegal Check Control and Criminal Procedure Act is corrected as “Article 6 of the Regulation on Illegal Check Control and Article 334(1) of the Criminal Procedure Act.”

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