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(영문) 서울중앙지방법원 2021.02.17 2020노3006
범죄단체가입등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of two years and six months, the additional collection of 2,700,000 won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment and the sentencing of the lower court is not beyond the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The circumstances alleged by the Defendant in this court as an element of sentencing were already discovered in the hearing process of the lower court, and there is no particular change in the situation in the sentencing guidelines with the matters subject to the conditions of sentencing after the lower judgment was sentenced

Considering the above circumstances, the sentencing of the court below exceeded the reasonable scope of discretion, even in light of the sentence imposed on accomplices, including AK, and AP.

In full view of the facts that it is difficult to see the Defendant’s age, sexual conduct, environment, motive and means of committing a crime, results, degree of participation, circumstances after committing a crime, etc., the sentence imposed by the lower court does not seem to be unfair and unfair.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition, since the defendant's appeal is without merit.

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