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(영문) 부산지방법원 2018.10.26 2018노1238
절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too uneasy 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In such a case, there is no change in the conditions of sentencing compared with the lower court’s failure to submit new sentencing data at the appellate court, and there is no change in the conditions of sentencing compared with the lower court’s judgment. In full view of the various circumstances, including the Defendant’s criminal history, age, sex, environment, motive, means, and consequence of the crime, the circumstance after the crime, etc., of the lower court’s sentencing as well as the circumstances after the crime, the lower court’s

It is not visible.

We do not accept the prosecutor's improper argument of sentencing.

3. The appeal by the prosecutor of the conclusion is without merit and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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