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(영문) 수원지방법원 2019.05.01 2019노1191

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the reasons for sentencing revealed in the proceedings of the instant case (in particular, there was a criminal defendant who was sentenced to the suspended sentence of imprisonment due to a crime of special larceny, and the criminal defendant committed each of the instant crimes during the suspended sentence period of imprisonment, even if he/she was sentenced to the suspended sentence of imprisonment due to a crime of special larceny, it cannot be deemed that the sentencing of the lower court exceeded the reasonable scope of discretion because the sentencing of the said case was too excessive, and it is difficult to view that the sentencing of the lower court exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit.