beta
(영문) 수원지방법원 2020.09.11 2020노3319

특정범죄가중처벌등에관한법률위반(절도)

Text

The defendant's appeal is dismissed.

Reasons

1. The judgment of the court below against the defendant in light of the gist of the grounds for appeal is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court concerning the determination of sentencing; there is no change in the conditions of sentencing compared to the first instance court; and where the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015, etc.). The lower court, as stated in its holding, comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, sentenced to the lowest sentence within the statutory applicable sentencing range, which has reduced the amount of punishment, by comprehensively taking into account the circumstances favorable to the Defendant, and thus, cannot be deemed unfair since the lower court’s sentencing goes too far beyond the reasonable scope of discretion.

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