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(영문) 부산고등법원 (창원) 2015.09.16 2015노255
특수강도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment, four years of suspended execution, two years of probation, two hours of social service, 120 hours of imprisonment) which the court below sentenced is unreasonable.

2. The lower court’s sentencing (which is written in detail in the three pages of the first instance judgment) is based on the following: (a) the statutory penalty for a special robbery (a life imprisonment, imprisonment with prison labor for not less than five years, imprisonment with prison labor for a limited term); (b) the sentencing guidelines; (c) other sentencing cases; and (d) the court’s sentencing decisions (Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015); and (c) the lower court, which is proceeding as a participatory trial, shall hear jury’s opinions and determine the sentence in accordance with the sentencing guidelines; and (d) the further sentencing materials added in the first instance judgment

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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