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(영문) 대전지방법원 2019.01.09 2018노1565
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two months of imprisonment, two years of suspended execution, two years of probation) is too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared with 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant’s sentencing, and cannot find any circumstances to be newly considered in the first instance court. In full view of other circumstances, including the motive, means, and consequence of the crime, and the circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to be so excessive as to have exceeded the reasonable scope of discretion.

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

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