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(영문) 서울북부지방법원 2019.04.26 2019노367
특수절도
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., a two-year imprisonment; Defendant B’s imprisonment with prison labor for a one-year and six-year period) is deemed to be too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, 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). The sentencing conditions asserted by a prosecutor are all the circumstances that were presented at the lower court and considered in the lower court, and there is no new reason to consider sentencing after the lower judgment is rendered.

In light of the degree of participation in C, an accomplice, and the record of a crime, the sentence imposed on C, compared to the sentence imposed on C, shall not be deemed to be less vulnerable to the degree of equity.

In addition, in full view of all the sentencing conditions as shown in the pleadings, such as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the court below to the Defendants cannot be deemed unfair because it is too uneasible.

Therefore, prosecutor's assertion is without merit.

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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