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(영문) 청주지방법원 2020.03.19 2020노68
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the following: (a) the summary of the grounds for appeal is serious to the extent that the Defendant was involved in the instant crime; and (b) there is a need to punish the persons who participated in the instant crime to eradicate the Bosing crime; and (c) the punishment imposed by the lower court (one year and six months of imprisonment) is too uneasible and unfair

2. Determination on the grounds for appeal

A. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The circumstances alleged by the prosecutor as an element for sentencing unfavorable to the defendant in the grounds of appeal are deemed to have been sufficiently considered in the original court’s determination of the sentence, and no new sentencing data to change the original court’s sentence has been submitted in the first instance court, and other factors such as Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and circumstances after the crime cannot be deemed to be too weak.

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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