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(영문) 수원지방법원 2021.01.13 2020노5756

성폭력범죄의처벌등에관한특례법위반(비밀준수등)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won in penalty) is too unreasonable.

2. In the criminal litigation law that takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no significant change in the terms of sentencing compared to the lower court’s judgment, and the lower court’s sentencing was exceeded the reasonable scope, comprehensively taking account of all the reasons indicated in the records of the instant case.

shall not be deemed to exist.

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.