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(영문) 대구지방법원 2018.02.02 2017노3491

출입국관리법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (two years of suspended sentence of imprisonment for a period of eight months) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of 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). As new sentencing data are not submitted at the trial of the lower court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and in addition, comprehensively taking account of all the conditions of sentencing as shown in the instant pleadings, such as the Defendant’s age, sex, environment, motive, means, and consequence of the instant crime, the lower court’s sentencing is too excessive and it is not recognized that the lower court exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

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