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(영문) 서울서부지방법원 2020.01.09 2019노954
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unfilled and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared with the lower court on the grounds that new materials to be considered in the trial were not submitted. In full view of the reasons for sentencing revealed in the records and arguments in the instant case, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

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

[However, according to Article 25 (1) of the Regulation on Criminal Procedure, the term "the pertinent provision on the crime of 1. Offense" in Part 8 of the judgment of the court below is revised as "the corresponding provision on the crime of 1. Offences and the choice of punishment", and Articles 347 (1) and 136 (1) of the Criminal Act, Article 30 of the Criminal Act, "the selection of each fine" as "Article 347 (1) and 30 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act," respectively.

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