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(영문) 부산지방법원 2018.07.06 2017노4283
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (four months of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. There is no change in the terms and conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and considering the factors revealed in the arguments in the instant case, the lower court’s sentencing was too unfluent and so, exceeded the reasonable scope of discretion.

It does not appear.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 25(1) of the Criminal Procedure Act on the ground that it is obvious that “the first sentence of February 6, 2016” in the written judgment of the court below is a fine of KRW 1 million in the month of 10 months of imprisonment, and KRW 1 million in the month of 10 months of imprisonment, and KRW 1 million in the amount of fine. Thus, the prosecutor’s appeal is correct ex officio in accordance with Article 25(1) of the Regulation on Criminal Procedure.

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