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(영문) 서울남부지방법원 2020.10.19 2020노1402
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment and six months, and three years of suspended execution) by the lower court is deemed to be too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with 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). The lower court’s sentence that the Defendant rendered by the lower court is deemed appropriate and is too unreasonable in full view of the following: (a) the circumstances indicated on the grounds of sentencing; (b) there are no changes in circumstances that may be considered in the sentencing following the pronouncement of the lower judgment; (c) the Defendant is planned to be forced to leave from the instant crime; and (d) the Defendant appears to have de facto difficulty in re-entry; (d) the Defendant’s age, family relationship, health and financial status; (e) circumstances leading to the instant crime; and (e) circumstances

The prosecutor's assertion is not accepted.

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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