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(영문) 인천지방법원 2021.02.05 2020노3874
감금등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendant is too unhued and unfair.

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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the following: (a) there is no change in circumstances that may consider the sentencing after the lower court’s judgment; and (b) the various conditions of sentencing specified in the records and pleadings of the instant case were considered in light of the circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is too heavy or unhued so far as it exceeds the reasonable scope of discretion.

It does not appear.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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