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(영문) 부산고등법원 (창원) 2015.09.09 2015노231
특수강도등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the imprisonment of two years and six months, the probation period of four years, the community service period of one hundred and sixty hours, etc.) declared by the court below is too uneasible and unreasonable.

2. The lower court’s sentencing (which is written in detail in the three to six pages of the first instance judgment) is more severe special robbery (a prison term, imprisonment with prison labor for not less than five years, imprisonment with prison labor for a limited term) and applicable sentences, sentencing guidelines, other sentencing guidelines, appellate court’s sentencing decisions (Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015), and the lower court’s judgment proceeding as a participatory trial, upon considering the jury’s opinion and the fact that the sentencing guidelines set forth in its judgment according to the sentencing guidelines, the lower court, even if any additional sentencing materials are added in the first instance trial, shall be somewhat weak.

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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