beta
(영문) 수원지방법원 2018.11.20 2018노5771

사기등

Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment of the lower court (four years of imprisonment) is too unreasonable.

B. The lower court’s sentence against Defendant C of the Prosecutor (3 million won in penalty) is too unhued and unreasonable.

2. The criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing in the first instance court 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). There is no change in the conditions of sentencing compared to the lower court’s judgment on the ground that no new data on sentencing have been submitted in the trial, and the lower court did not change the conditions of sentencing compared to the lower court’s judgment on the ground that, in full view of the reasons for the sentencing presented by the lower court, the sentencing of the

shall not be deemed to exist.

3. Conclusion, Defendant A and the Prosecutor’s appeal are without merit, and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Article 25(1) of the Regulation on Criminal Procedure; however, pursuant to Article 25(1) of the Regulation on Criminal Procedure, Article 231 of the Criminal Act and Article 234 of the Decree on the second sentence of the decision of the court below’s application of the Act and Article 234 of the Criminal Act and Article 7 of the third sentence’s “Article 7” are added, respectively.