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(영문) 대구지방법원 2020.11.27 2020노110
공용전자기록등무효
Text

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

Reasons

1. The gist of the grounds for appeal is that the sentence of the lower court (the fine of KRW 7 million is imposed on Defendant A, the fine of KRW 5 million is imposed on Defendant B, and the fine of KRW 5 million is imposed on Defendant C) is too unied 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined the sentence against the Defendants by taking into account the various circumstances as indicated in its reasoning. In full view of the following circumstances, the lower court did not have any extraordinary circumstances or changes in circumstances that make it possible for the lower court to change the sentence, and the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for sentencing as indicated in the instant argument, including the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unjustifiable to the extent that it goes beyond the reasonable scope of discretion.

3. The prosecutor's appeal against the defendants is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act.

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