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(영문) 인천지방법원 2021.02.05 2020노3775

노인복지법위반

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is unreasonable because the sentence imposed by the defendant (two years of imprisonment with prison labor) is too unhued.

2. In a case where 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the following, there is no change in circumstances that may consider the sentencing after the lower court’s judgment, and considering the various conditions of sentencing specified in the records and pleadings of the instant case, the lower court’s punishment is too uneasible and unreasonable even when considering the circumstances alleged by the prosecutor on the grounds of appeal.

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