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(영문) 서울중앙지방법원 2018.09.07 2018노1639

유사수신행위의규제에관한법률위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (for six months of imprisonment, two years of suspended sentence, and 120 hours of community service order) is too unreasonable.

2. In light of the fact that the Criminal Procedure Act of Korea adopts the trial-oriented principle and the direct trial-oriented principle, there exists an area unique to the first instance judgment regarding the determination of sentencing, and in light of the ex post facto core nature of the appellate court, it is reasonable to respect the first instance judgment if there is no change in the conditions of sentencing compared to the first instance judgment, and the first instance judgment does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). In the instant case where there is no change in the conditions of sentencing that may be particularly considered when the first instance judgment was rendered, the amount obtained by the instant crime is more than 20 million won in total, and other circumstances, such as the Defendant’s age, sex, environment, health condition, family relationship, motive, means, and consequence of the crime, etc., the Defendant’s assertion that the lower court’s punishment is too unfair by exceeding the scope of discretion, is without merit.

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.