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(영문) 청주지방법원 2020.11.27 2020노218
절도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of one year, three years of probation, 80 hours of community service, 40 hours of course in pharmacologic treatment, and additional collection 60 won) declared by the court below is too unfluent and unreasonable.

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 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment in consideration of the unforeseen circumstances, and there is no new

In addition, comprehensively taking account of all other circumstances that form the conditions for sentencing as shown in records and pleadings, the lower court’s punishment cannot be deemed unreasonable because it goes beyond the scope of reasonable discretion.

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

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