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(영문) 서울남부지방법원 2020.11.05 2020노1470
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the court below (one year of imprisonment) shall be 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). While each of the instant crimes was committed during the suspension period of execution due to a military act, etc. committed by a defendant who committed a military service, the thief was returned to the victim, and the degree of indecent act is not more severe, and the victim of a traffic accident is minor, and no special change in circumstances exists to change sentencing after the lower judgment, and in light of all the sentencing conditions indicated in the instant pleadings, such as the Defendant’s age, character and behavior, environment, motive, means and consequence of the instant crime, and the circumstances after the crime, the sentence imposed by the lower court is deemed appropriate and unreasonable. Thus, the prosecutor’s above 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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