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(영문) 서울중앙지방법원 2020.06.26 2019노2090
재물손괴등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (hereinafter referred to as a "fine of 4 million won") that the court below rendered is unhued and unreasonable.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Circumstances the Prosecutor asserts as an element of sentencing in this court are already revealed in the hearing process of the lower court, and there is no particular change in circumstances regarding the matters subject to sentencing after the lower judgment was sentenced.

Examining the above circumstances in full view of the Defendant’s age, character and conduct, environment, motive and means of committing a crime, consequence, circumstances after committing a crime, and all of the sentencing conditions indicated in the instant arguments and records, it cannot be deemed unfair because the sentence imposed by the lower court is uneasible.

Therefore, the prosecutor's above assertion is without merit.

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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