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(영문) 서울동부지방법원 2020.11.26 2020노716
장물취득등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of suspended sentence for eight months of imprisonment, two years of probation, and one hundred and sixty hours of community service order) of the lower court is deemed to be too unhued and unreasonable.

2. The crime of this case is an unfavorable circumstance to the Defendant, where the Defendant acquired a smartphone, which is a stolen, damaged the reputation of the victim by openly pointing out false facts, and the victim’s spouse was deprived of the nature of the crime, the fact that there was no agreement with the victim, and that there was a history of punishment for the same kind of crime.

On the other hand, the circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case in the trial, and that there is no serious risk of criminal punishment, such as the defendant's indictment due to the defendant's without accusation, etc.

In addition, in full view of the arguments and records of the instant case, the lower court’s sentencing appears to have been appropriately determined by taking into account the above normal relationship and the grounds for sentencing alleged by the prosecutor, and there are no special circumstances to the extent that the sentencing is changed ex post facto, so the Prosecutor’s assertion of unfair sentencing 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.

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