logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.11.12 2018노2054
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds of appeal (7 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). The Defendant had a history of having been punished several times for the same kind of crime, and accordingly, committed again during the period of repeated crime, but the Defendant appears to have caused the crime due to his living conditions, the amount of damage is not significant, the victims are returned, and special changes in circumstances that could change sentencing after the judgment of the court below cannot be discovered, and the sentence imposed by the court below is deemed to be inappropriate in light of all the conditions indicated in the argument of this case, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime. Thus, the prosecutor’s assertion above 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.

arrow