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(영문) 서울동부지방법원 2020.05.15 2020노69
특수절도등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (eight months of imprisonment) is too unhued and unfair.

B. The above sentence imposed by the court below is too unreasonable.

2. Comprehensively taking account of the arguments in the instant case and the reasons for sentencing indicated in the record, the lower court appears to have been reasonably determined by fully taking account of all the circumstances, including the prosecutor and the Defendant’s multiple reasons for sentencing asserted, and no special circumstance exists to the extent that the lower court’s punishment should

Therefore, both prosecutor and defendant's assertion are without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the prosecutor and the defendant is without merit.

(However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the first sentence of the judgment of the court below, “one year to fifteen years of imprisonment,” in the first sentence of the judgment of the court below, “one year of imprisonment,” shall be sentenced to six months of imprisonment to seven years of imprisonment, and the part of the first sentence to 20 of the same Act shall be deleted, and shall be corrected, respectively).

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