(영문) 전주지방법원 2017.12.08 2017노1392



The defendant's appeal is dismissed.


1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Determination

A. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the principle of directness exists in the area unique to the first deliberation regarding the determination of sentencing, and the fact that the court of first instance ex post facto in-depth nature of the appellate trial, etc., if there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing of the first instance 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, etc.). (b) A reasonable circumstance is recognized that there is a relatively less favorable circumstance, such as the fact that the Defendant recognized the error and reflects the depth of the Defendant, the fact that the Defendant

However, the above circumstances were already launched during the oral argument of the lower court, and there was no special change in circumstances that could change the sentence of the lower court after the pronouncement of the lower court, and the Defendant committed each of the crimes of this case without being sentenced to a suspended sentence on six occasions due to the criminal facts that interfered with the business of the same victim, and in light of the repetition of the act against the victim, and the means and methods of the crime, the Defendant’s liability for the crime is very heavy, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age, sex, sex, environment, motive and background of the crime, means and consequence, etc., are too excessive and unfair.

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

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