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(영문) 부산지방법원 2019.06.13 2019노127
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment, two years of suspended execution, and two years of probation) is deemed to be too unhued and unfair.

2. Determination

A. According to the record, the lower court determined the sentence in consideration of various sentencing factors, including the fact that the Defendant again committed the instant crime even when he/she was sentenced to a strong sentence and a medical treatment and custody disposition, and that he/she did not receive a sentence from the victim, and that he/she would be well treated with mental therapy.

B. Although there is no change in the conditions of sentencing compared to the original judgment as the new sentencing materials have not been submitted in the trial court, and considering the various reasons for sentencing revealed in the oral proceedings, the lower court’s sentencing is too unhued and so it does not seem to have 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 on the ground that it is without merit. It is so decided as per Disposition.

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