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(영문) 서울중앙지방법원 2020.12.18 2020노2587

공문서위조등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

The prosecutor appealeds that the punishment of the court below (two months of imprisonment, one year of imprisonment) is less severe, and the defendant appealed that it is harsh.

If there is no change in the conditions of sentencing compared with 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). In full view of the reasons for sentencing revealed in the oral proceedings of the instant case, the lower court’s sentencing is too weak or unreasonable, and thus, it does not appear that the lower court’s sentencing was exceeded the reasonable scope of discretion.

The grounds for unfair sentencing by prosecutors and defendants are without merit.

The appeal by the prosecutor and the defendant is dismissed in entirety because they are without merit.