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(영문) 서울서부지방법원 2020.10.08 2020노777
변호사법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (three years of imprisonment) by the court below, the defendant asserts that the defendant is too unlimited and unfair, and the prosecutor asserts that the prosecutor is too uneasible and unfair.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In full view of the sentencing factors revealed in the records and pleadings of the instant case, the sentencing of the lower court is too heavy or it is difficult to view that the lower court exceeded the reasonable scope of discretion, by taking account of the following: (a) health class; (b) and (c) the Defendant recognized all the instant crimes at the time of the trial; and (d) the Defendant appears to be

The defendant and prosecutor's assertion of unreasonable sentencing is without merit.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, 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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