(영문) 수원지방법원 2019. 10. 11. 선고 2019노4332 판결[점유이탈물횡령·절도·사기·여신전문금융업법위반·사기미수·컴퓨터등사용사기·야간건조물침입절도][미간행]
Defendant
Both parties
The highest honor, delay, door delay, stuffing line, immigration realizing line, Kim Jong-sik, Sho-jin, Kim Jong-sung, and this financial resources (public trial)
Attorney Choi U.S. (N.)
Suwon District Court Decision 2018 High Court Decision 2752, 2018 Highest 4299 (Joint), 2018 Highest 4299 (Joint), 2018 Highest 4480 (Joint), 2018 Highest 850 (Joint), 2019 Highest 847 (Joint), 2019 Highest 1204 (Joint), 2019 Highest 1204 (Joint), 2019 Highest 1776 (Joint), 2019 Highest 1858 (Joint), 2019 Highest 199 Highest 1991 (Joint) decided on July 12, 2019
All appeals filed by the defendant and prosecutor are dismissed.
1. Summary of grounds for appeal;
A. Defendant
The sentence of the lower court (one year and two months of imprisonment) is too unreasonable.
(b) Prosecutors;
The sentence of the court below is unfair because it is too unhued.
2. Determination
There is no change in the conditions of sentencing in comparison with the original judgment because the new sentencing materials have not been submitted in the trial court, and it cannot be deemed that the sentencing of the original court is too heavy or it goes beyond the reasonable scope of discretion, taking full account of all the reasons for sentencing revealed in the proceedings of the instant case (the confession of all crimes: the fact that all crimes have been committed, the mistake has been divided in depth, the disadvantageous circumstances have been punished several times in the same kind of crimes: the crime has been committed repeatedly while the trial has been pending, and the violation of discipline is repeated in the detention house).
3. Conclusion
Since all appeals filed by the defendant and the prosecutor are groundless, they are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.
Judges Seo-ju (Presiding Judge)