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(영문) 부산지방법원 2019.01.11 2018노3912
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., punishment Nos. 1 and 2 in the original judgment): Imprisonment with prison labor for 6 months and suspended execution for 2 years, crimes No. 3 in the original judgment: Imprisonment with prison labor for 4 months and suspended execution for 2 years, probation for 2 years) of the lower court are too somewhat minor

2. In full view of all the favorable circumstances (i.e., the fact that the court below's judgment was against the defendant's prior position, that the defendant's reference of the above investigation document, that the defendant's reference of the above investigation document wants to punish the defendant, that the victim does not want punishment by agreement with the victim of the fraud, that the crime is concurrent crimes under the latter part of Article 37 of the Criminal Act) and unfavorable circumstances (the crime of obstruction of performance of official duties is committed during the period of suspension of execution, and that there is evidence of the same crime) of the defendant, including the age and behavior intelligence environment of the defendant, motive and means of the crime, the consequence of the crime, and the circumstances after the crime, etc., there are no circumstances that the judgment of the court below is judged to have exceeded the reasonable limit of discretion, or that it is unfair to maintain

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Therefore, the lower court’s sentencing is appropriate, and the prosecutor’s assertion is without merit.

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

4. In accordance with Article 25(1) of the Regulations on Criminal Procedure, the application of the statute of the lower judgment ex officio shall be corrected as follows:

1. Relevant legal provisions concerning criminal facts: Article 231 of the Criminal Act, Articles 234 and 231 of the Criminal Act, Article 347 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 136 (1) of the Criminal Act, respectively;

1. Articles 40 and 50 of each Criminal Code of Trade and Trade (Article 40 and 50 of each of the crimes of uttering of each of the above investigation documents) shall be punished for the crime of uttering of the above investigation document against the application for a debate, and each of them shall be punished for the crime of uttering of the above investigation document.

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