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(영문) 서울중앙지방법원 2020.10.28 2020노601
컴퓨터등사용사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The punishment of the court below (two months of imprisonment, two years of suspended execution, two years of community service, etc.) is too unfasible in light of the fact that the major damages in the grounds for appeal are not recovered, etc.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). Based on the foregoing legal doctrine, the grounds for sentencing alleged by a prosecutor were considered both at the lower court and the grounds for sentencing, compared to the lower court, did not change any particular condition for sentencing, and the actual amount of damage appears to be approximately KRW 36 million (the amount excluding No. 6,8, and 29 out of the list of crimes), which is less than the amount specified in the list of crimes, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing is too unfluent, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. The prosecutor's appeal of conclusion 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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