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(영문) 광주고등법원 2020.08.20 2020노137
미성년자유인등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances asserted by the Defendant and the prosecutor as an element of sentencing were already revealed in the hearing process of the lower court. There is no particular change in circumstances in the sentencing guidelines and the matters subject to the conditions of sentencing after the lower judgment was sentenced.

In full view of the circumstances indicated by the lower court on the grounds of sentencing, comprehensively taking into account the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., and the sentencing guidelines as indicated in the instant argument, and the scope of recommended sentences based on the sentencing guidelines, the lower court’s sentencing against the Defendant is too heavy or unreasonable, given that the sentencing of the Defendant was conducted within the reasonable scope of discretion.

The defendant and prosecutor's argument of unfair sentencing cannot be accepted.

3. The appeal filed 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.

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