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(영문) 창원지방법원 2016.12.08 2016노1708
공유재산및물품관리법위반
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants is unreasonable because each of the punishments (a fine of one million won is imposed on the Defendants A, a fine of two million won is imposed on the Defendants E, and the remaining Defendants: each suspended sentence is imposed on the Defendants) is too uneasible.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). In a case where new materials on sentencing are not submitted in the trial, there is no change in the conditions of sentencing compared with the judgment of the lower court. Considering the records, such as the circumstance and method of the crime, circumstances after the crime, the circumstance after the crime was committed, and the source of the H military office, the accuser, the complainant, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, and the prosecutor’s assertion is without merit.

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

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