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(영문) 서울동부지방법원 2020.06.18 2020노329
점유이탈물횡령등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The prosecutor asserts that the prosecutor is too unhued and unreasonable with respect to the punishment (eight months of imprisonment) declared by the court below, and the defendant asserts that it is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 Decided July 23, 2015). Even in light of the materials submitted at the trial court, there is no significant change in the sentencing conditions compared to the lower court’s judgment, and comprehensively considering various circumstances that form the conditions for sentencing specified in the records and pleadings in this case, the lower court’s sentencing cannot be deemed to have been too weak or unreasonable to have exceeded the reasonable scope of discretion.

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

3. If so, the appeal by the prosecutor and the defendant 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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