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(영문) 전주지방법원 2020.02.05 2019노1648
재물손괴등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

With respect to the summary of the grounds for appeal (e.g., e., imprisonment) of the lower court, the Defendant asserts that the Defendant is too unfasible, and that the prosecutor is too unfased and unreasonable.

Judgment

The grounds for appeal by the defendant and the prosecutor are also examined.

It is reasonable to respect the sentencing of the first instance court in cases 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, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court determined a sentence by comprehensively taking account of all the favorable circumstances and unfavorable circumstances for the Defendant, and there is no particular change of circumstances in matters that are conditions for sentencing after the lower judgment was sentenced.

In addition, even if the lower court comprehensively takes into account all the elements of sentencing as indicated in the instant argument, such as the circumstances, Defendant’s age, character and conduct, environment, motive for committing the crime, and circumstances after committing the crime, it does not seem that the lower court’s sentencing is too heavy or unhued, thereby exceeding the reasonable scope of discretion.

The defendant and prosecutor's assertion are without merit.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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