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(영문) 전주지방법원 2018.08.24 2018노654
범인도피
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for Defendant A, six months of imprisonment, two years of suspended sentence, one hundred and sixty hours of community service, and six months of imprisonment) against the Defendants is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance 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, the lower court determined the sentence by comprehensively taking into account all the favorable and unfavorable circumstances for the Defendants, and the lower court did not change the sentencing conditions compared with the lower court’s judgment on the grounds that new sentencing data were not submitted in the trial, and there was no change in the sentencing conditions compared with the lower court’s judgment on the grounds that the lower court’s sentencing against the Defendants was too excessive and exceeded the scope of reasonable sentencing discretion.

It does not seem that it does not appear.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, since all appeals by the Defendants are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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