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(영문) 인천지방법원 2016.07.20 2015노4830
특수절도등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (the suspended sentence of six months of imprisonment with prison labor, the suspended sentence of six months of imprisonment with prison labor, and the suspended sentence of a fine of three hundred thousand won) is too uneasable and unfair.

2. Considering that there is no change of circumstances after the judgment of the court below, and there is no reason to consider the sentencing as seen in the records and arguments of this case, and the reasons for sentencing of the judgment of the court below are compared with the reasons for sentencing of the court below, the court below’s sentence against the Defendants is too uneasible

3. In conclusion, the Prosecutor’s appeal against the Defendants is without merit. Thus, the Prosecutor’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25 of the Rules on Criminal Procedure: Provided, That “a summary of evidence” in Article 25 of the Rules on Criminal Procedure No. 4 is added to “a summary of evidence” in the last part of the judgment of the court below, and “the application of statutes” in the same section is added to “a final decision of punishment” after “a non-licensed driving” in the 6th sentence, and “a final decision of punishment” in the last part of the 10th sentence in the same column is added.

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