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(영문) 청주지방법원 2019.09.19 2019노227
사회서비스이용및이용권관리에관한법률위반
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is as follows: even if there are circumstances that may be considered in light of the circumstances leading up to the instant crime, in light of the fact that the crime of the same type as the instant case is likely to cause harm to the continuity of local community service investment policy, it is unfair that the lower court’s sentence (the suspension of sentence of KRW 2 million) is too uneasible.

2. The court below decided the above punishment against the defendant on the grounds as stated in its reasoning. The circumstances alleged by the prosecutor as a reason for sentencing unfavorable to the court below are deemed to have been sufficiently taken into account when determining the punishment in the court below. In light of the above circumstances, the defendant, who did not have any criminal power, appeared to have committed the crime of this case in a timely fashion and expressed an attitude to reflect in depth the mistake. The defendant paid both the penalty surcharge and redemption amount due to each of the crimes of this case, and there are circumstances to consider the circumstances leading to the crime. Thus, the court below's determination of sentencing is too unaffort and it cannot be deemed that the defendant 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.

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