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(영문) 서울중앙지방법원 2021.02.02 2020노2308
절도등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment of Defendant 2 (7 million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

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 does not deviate from the reasonable scope of discretion, it is reasonable for the appellate court to respect the sentencing of the first instance court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the above legal doctrine, there is no change in the conditions of sentencing compared with the judgment of the lower court because there is no particular new data on sentencing have been submitted in the trial, and the lower court, as stated in its reasoning, has determined the Defendant’s punishment by comprehensively taking into account the favorable circumstances and unfavorable circumstances of the Defendant, and the circumstances alleged by the Defendant and the prosecutor for the unfair reason of sentencing have already been reflected in the judgment of the lower court, and even after closely examining the factors of sentencing recognized by the record, it does not seem unfair because the sentencing of the lower court exceeded the reasonable scope of discretion.

Therefore, the defendant and the prosecutor's argument of sentencing is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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