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(영문) 인천지방법원 2020.05.29 2019노2271
건축법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year of suspended sentence for four months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In addition, considering the various sentencing conditions stated in the instant records and pleadings, such as the fact that the Defendant appears to have sufficiently recognized the illegality of the instant crime, it does not seem that the lower court’s punishment is too heavy or too unreasonable and so it goes beyond the reasonable scope of discretion.

3. In conclusion, 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. It is so decided as per Disposition.

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