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(영문) 수원지방법원 2020.10.14 2020노2730
재물손괴등
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution against the Defendant on the charge of intimidation and convicted the Defendant of the crime of causing property damage.

As to this, only the defendant appealed against the guilty portion of the judgment below, the dismissed portion was separated and finalized as it is after the lapse of the appeal period, and excluded from the scope of the judgment in the party.

2. The summary of the grounds for appeal (e.g., a fine of two million won) of the lower court is too unreasonable.

3. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the records of this case, the lower court’s sentencing was unabundled and exceeded the reasonable scope of discretion.

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

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