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(영문) 인천지방법원 2020.09.25 2020노1140
공문서위조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for one year and six months, confiscation) imposed by the court below on the defendant is too uneased and unreasonable.

2. 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 court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the circumstances alleged by the Prosecutor as an element of sentencing have already been discovered and sufficiently considered in the hearing process of the lower court, and no particular change of circumstances was found in the matters subject to sentencing after the lower judgment was pronounced.

In addition, considering the various sentencing conditions shown in the records and arguments of this case, the sentencing of the court below is conducted within the reasonable scope of discretion, and it is reasonable to respect it as it is too unjustifiable.

Therefore, the prosecutor's argument of unfair sentencing is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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