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(영문) 의정부지방법원 2020.06.23 2019노1739
특수절도
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, two years of probation, and one hundred and twenty hours of community service) of the lower court is deemed to be too unhued and unreasonable;

2. In light of the circumstances and the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and the circumstances after the commission of the crime, the sentencing conditions as shown in the records and arguments are considered. The court below’s judgment did not change the sentencing conditions compared to the original judgment, even if there is no new change of circumstances that could change the original judgment’s punishment in the first instance court, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the prosecutor's assertion of unfair sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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