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(영문) 창원지방법원 2020.04.21 2019노2837

특수절도등

Text

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

Reasons

1. The summary of the grounds for appeal (e.g., both types of punishment) that the court below sentenced to the Defendants (e.g., the suspension of sentence and fines of 300,000 won for imprisonment with labor, and fines of 2 million won for Defendant C) is too unfasible.

2. The lower court appears to have determined the punishment within the reasonable scope of discretion by fully taking into account the favorable circumstances and unfavorable circumstances for the Defendants, and cannot find any special changes in circumstances that may change the sentencing after the pronouncement of the lower judgment.

In addition, considering the following circumstances: the Defendants’ age, character and conduct, environment, criminal records, the circumstances leading to the instant crime, and the circumstances after the instant crime, the lower court’s punishment against the Defendants cannot be deemed unreasonable.

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