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(영문) 서울고등법원 2015.09.18 2015노2151
위조통화행사등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unfilled 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court on the sole ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does

(Supreme Court Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment on the grounds that new materials for sentencing have not been submitted at the time of examination and trial pursuant to the foregoing. In full view of all the sentencing grounds stated by the lower court, it is not recognized that the lower court’s sentencing is too unhued and so it exceeded the reasonable scope of discretion.

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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