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(영문) 서울중앙지방법원 2016.05.27 2016노806
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence (10 months of imprisonment and 3 years of suspended execution) declared by the first instance court of the gist of the grounds for appeal (unfair sentencing) is deemed to be too uneasy and unfair.

2. Although the judgment of the court of first instance had already been made two times before the suspended sentence of fraud, and it is acknowledged that the defendant has a necessity to punish the criminal defendant committing Bosing crimes, considering the following factors: (a) the sentence of the court of first instance against the defendant was made within the scope of the court’s discretion in sentencing; (b) the sentence of the court of first instance was made within the scope of the court’s discretion in sentencing, and thus, (c) it cannot be deemed unfair as it is too low.

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

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

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