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(영문) 서울고등법원 2016.11.18 2016노2891
준강도
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below against the defendant (one year and six months of imprisonment) is too unreasonable.

Judgment

If 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing, which sentenced a sentence amounting to the lowest sentence sentenced to discretionary mitigation, is too unreasonable and does not seem to have exceeded the reasonable scope of discretion.

The defendant's ground of appeal is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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