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(영문) 부산고등법원 2018.09.19 2018노421
특정범죄가중처벌등에관한법률위반(강도상해등재범)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six years of imprisonment, confiscation) is too heavy or fluent.

2. Determination

A. The sentencing guidelines established by the sentencing committee based on Articles 81-2 and 81-6 of the Act on the Organization of Courts for the Determination of Sentencing (hereinafter “Sentencing guidelines”) are “reasonable, concrete, and objective setting” through the “procedures prescribed by the Act” in order to realize “fair, objective sentencing that makes citizens trust,” and “public disclosure”. Judges shall respect the selection of the types of punishment and the determination of the sentence (see Articles 81-2 through 81-12 of the Court Organization Act). In a case where a court must state the grounds for sentencing in the written sentencing upon a judgment deviating from the sentencing guidelines, it shall state the grounds in a way that expresses the relevant sentencing in a reasonable and persuasive manner, taking into account the factors, effects, etc. of the sentencing guidelines (see, e.g., Supreme Court Decision 2010Do7410, Dec. 9, 2010).

(c)

In full view of the lower court’s decision and its propriety, and the factors indicated in the pleadings up to the time limit of the lower court’s decision, and the factors in which there is no obvious change in circumstances that could change the sentence of the lower court in the first instance court’s decision, the lower court’s sentence is too heavy or minor within the scope of the sentencing guidelines recommended by the sentencing guidelines.

It is difficult to see it.

3. The appeal filed by the defendant and the prosecutor in conclusion is without merit, and all of the appeals are dismissed pursuant to Article 364(4) of the Criminal Procedure Act.

1. Article 70 of the Act on Specialized Credit Financial Business, which includes the relevant criminal facts and the part of the choice of punishment;

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