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(영문) 서울고등법원 2017.12.22 2017노3045
특수강도등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that each sentence imposed on the Defendants in the lower court (four years of suspended sentence of two and half years of imprisonment) is too unhued and unreasonable.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the lower court’s judgment because new materials on sentencing have not been submitted in the trial, and in full view of the factors revealed in the arguments in the instant case, the lower court’s sentencing against the Defendants was too unfilled and thus, exceeded the reasonable scope of discretion.

It does not appear.

The prosecutor's improper argument in sentencing is without merit.

3. The appeal against the Defendants by the prosecutor of the conclusion is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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