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(영문) 부산지방법원 2018.06.28 2018노1560
특수절도등
Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court (Defendant A: imprisonment with prison labor for 1 year, Defendant C: fine of KRW 3,000,000) against the Defendants by the prosecutor is too unhued and unreasonable.

B. The lower court’s sentence against Defendant A is too unreasonable.

2. We examine Defendant A and the Prosecutor’s argument as to the Defendants.

If there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no particular change in the sentencing conditions compared with the lower court, as there is no submission of new materials for sentencing in the trial on the basis of the foregoing legal doctrine, and the sentencing revealed during the pleading of the instant case goes beyond the reasonable scope of discretion, or is too heavy or unreasonable.

Defendant

The Defendants A and the Prosecutor’s argument that sentencing is unfair is without merit.

3. In conclusion, the appeal against the Defendants by the Defendants A and the Prosecutor is without merit. Thus, all of the appeals are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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