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(영문) 서울남부지방법원 2020.12.10 2020노1329
점유이탈물횡령등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (five million won of a fine) is too unhued and unreasonable.

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). Although the Defendant had been subject to multiple punishment for fraud, etc., again committed a repeated crime during the repeated crime period, the accomplice B provided KRW 2.5 million to the victim and expressed his/her intent not to punish him/her, and the victim expressed his/her intent not to punish him/her, equity with the case of the violation of the Road Traffic Act (driving) of which judgment became final and conclusive, and no special change in circumstances may be discovered to change sentencing after the judgment of the lower court, and in light of all the sentencing conditions specified in the instant pleadings, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate and it is deemed unfair, and the prosecutor’s aforementioned assertion is without merit.

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

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