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(영문) 부산지방법원 2019.06.20 2019노1175
절도등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment, confiscation) is too unreasonable.

B. The lower court’s sentence (one month of imprisonment, one month of confiscation) is too unfluent and unreasonable.

2. Determination

A. According to the records, the lower court, in light of the details and methods of the crime, etc., determined the punishment within the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing guidelines, taking into account the following factors: (a) the nature of the crime is inferior and highly dangerous in light of the crime; (b) the fact that there is no agreement with the victim; (c) the mistake is divided and reflected;

B. Although there is no change in the conditions of sentencing compared with the original judgment as the new sentencing materials have not been submitted in the trial at the original court, and considering the various reasons revealed in the oral proceedings, it does not seem that the sentencing of the lower court is too heavy or it goes beyond the reasonable scope of discretion due to the absence of any change in the conditions of sentencing.

C. Therefore, the argument of unfair sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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