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(영문) 부산지방법원 2020.05.22 2019노2756
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's scope of trial in this Court dismissed all applications for compensation order filed by the applicant for compensation, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32 (4) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings. Thus, the part dismissed as above is excluded from the scope of trial in

2. The summary of the grounds for appeal (e.g., e., e. 1: a fine of KRW 3 million; a fine of KRW 2 million; a fine of KRW 3 million; and a crime of KRW 3 in the holding: a fine of KRW 1 million) is too unfeasible and unfair.

3. The lower court determined the Defendant’s punishment, taking into account the favorable and unfavorable circumstances of the Defendant, as seen above.

In full view of all the circumstances that serve as conditions for sentencing in this court, the judgment of the court below was judged to have exceeded the reasonable scope of its discretion, or there is no special change in circumstances that may change the sentence of the court below.

In addition, even if comprehensively considering the sentencing factors revealed in the proceedings of the instant case, such as the Defendant’s age, environment, background and consequence of the crime, the circumstances after the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion because it is too unhued.

The prosecutor's assertion of unfair sentencing is without merit.

4. The appeal by the prosecutor of the conclusion is groundless, 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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