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(영문) 부산지방법원 2020.12.10 2020노2201
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) shall be too unhued and unreasonable.

2. Determination

A. According to the records, the court below determined punishment in consideration of various sentencing reasons, such as the poor quality of the crime in light of the criminal history, method, etc., the fact that the money obtained by deception is not sufficient, the damage recovery was not proper, the victim was not taken away, the mistake was divided and reflected, and there was no record of punishment for the same kind of crime.

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have exceeded the reasonable scope of discretion.

C. Therefore, the argument of unfair sentencing is without merit.

3. In conclusion, the prosecutor's appeal 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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