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(영문) 수원지방법원 2020.09.25 2020노3386
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence 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, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court, as stated in its holding, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendant and the unfavorable circumstances, including the fact that the Defendant recognized and reflected each of the instant crimes, and that the Defendant agreed with the victim of special larceny, etc., were already reflected in the sentencing process of the lower court, and there is no change in the special sentencing condition that could change the sentence of the lower court in the final trial.

In full view of various circumstances, including the Defendant’s age, character and conduct, environment, family relationship, health status, criminal records and contents thereof, attitude in the investigation agency and court, nature of the crime, motive, means and consequence of the crime, and circumstances after the crime, etc., the lower court’s punishment against the Defendant is too unreasonable as it goes beyond the reasonable scope of its 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.

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