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(영문) 부산고등법원 2016.08.11 2016노227
변호사법위반
Text

The prosecutor's appeal is dismissed.

Reasons

The prosecutor asserts that the sentence of the court below (the imprisonment of eight months, the suspension of the execution of two years, and the additional collection of seven million won) is too unfluent and unfair on the grounds of appeal. However, considering the following factors and sentencing guidelines, the court below’s determination of sentencing exceeded the reasonable bounds of its discretion, where the court below’s primary sentencing factors, such as the course and nature of the crime in this case, the criminal history and reflect on the defendant’s criminal records, etc., were considered as the sentencing factors.

It can not be assessed, and there is no circumstance or material that can be deemed unfair to maintain the sentencing of the court below in the course of the deliberation of the sentencing of the party.

Therefore, the prosecutor's appeal is dismissed (Article 364 (4) of the Criminal Procedure Act).

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