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(영문) 인천지방법원 2019.08.30 2019노593

분묘발굴

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a two-month suspended sentence) of the lower court is deemed to be too unhued and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court, and in full view of the factors revealed in the instant argument, the lower court’s sentencing is too unfluent and so it does not seem to have exceeded the reasonable scope of discretion.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(Ex officio in accordance with Article 25(1) of the Rules of Criminal Procedure, “G, etc.’s opposition to Article 25(1) of the Rules of Criminal Procedure shall be corrected to “G, etc.’s contact address is not identified.”