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(영문) 서울서부지방법원 2020.02.06 2019노1438
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Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. In full view of the favorable circumstances such as the Defendant’s recognition of all of the instant crimes, the fact that there is no criminal history other than once a fine, and the period of using the expressway (a year and three months) in which the Defendant works without paying any consideration, and the unpaid amount (around 2.8 million won), and other unfavorable circumstances such as the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and the circumstances before and after the instant crime, the judgment of the lower court’s sentencing cannot be deemed to have exceeded the reasonable bounds of its discretion.

In addition, it is reasonable to respect the sentencing of the first instance court in cases where 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 from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the

Therefore, the defendant's assertion of unfair sentencing is not accepted.

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

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