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(영문) 서울북부지방법원 2019.05.10 2019노172
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and two years of suspended execution) that the court below sentenced to the defendant is too uneasible and unfair.

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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the legal doctrine as seen earlier, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data to the Defendant in the trial, and the lower court did not seem to have exceeded the reasonable scope of discretion by taking into account the factors revealed in the arguments in the instant case, including various circumstances considered in sentencing.

In particular, the lower court determined the sentence against the Defendant by taking into account the fact that the Defendant had been punished several times due to violent crimes, the fact that the Defendant damaged property at night and intruded into another’s residence, etc., while considering the circumstances unfavorable to the Defendant, considering the fact that the Defendant was a contingent crime and the fact that the victim did not want the Defendant’s punishment in favor of the Defendant, and the circumstance that the Prosecutor claimed in the trial is already considered when determining the sentence.

Therefore, prosecutor's assertion is without merit.

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

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