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(영문) 광주지방법원 2019.10.23 2019노677
감금등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the community service order of 10 months in prison, 2 years in suspended sentence, and 120 hours in prison) of the lower court is too unhued and unreasonable.

2. In light of the circumstances properly explained by the court below in the reasons for sentencing, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentencing conditions as shown in the argument of this case are considered. The Defendant reflects the recognition of the crime of this case, and even if there is no change in the sentencing conditions in the trial compared with the original judgment, the lower court’s sentence is too uneasible and unreasonable. Thus, the prosecutor’s above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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