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(영문) 의정부지방법원 2018.11.08 2018노2373
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. In our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists a unique area of the first instance judgment as to sentencing. In addition, in light of the ex post facto and aesthetic 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. Although the first instance judgment falls within the reasonable scope of discretion, it is desirable to reverse the first instance judgment and to refrain from imposing a sentence that does not differ from the first instance judgment solely on the ground that it is somewhat different from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the foregoing legal doctrine, it is desirable that the Defendant did not have any reasonable change in the sentencing guidelines compared to the lower court’s subsequent sentencing, and the Defendant did not make efforts to rectify the risks of the Defendant’s new sentencing of the Defendant, by failing to exhaust all other reasonable sentencing guidelines, including the Defendant’s recommendation to enact new sentencing guidelines.

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.

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