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(영문) 서울중앙지방법원 2020.01.09 2019노3488
특수절도
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, 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

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). There is no meaningful change in the sentencing conditions compared to the lower court’s judgment, and comprehensively taking account of all the factors indicated in the record of the instant case, it cannot be deemed that the lower court’s sentencing against the Defendants exceeded the reasonable scope of discretion because it was too excessive.

Therefore, the Defendants’ assertion of unreasonable sentencing is without merit.

3. The Defendants’ appeal is dismissed in entirety.

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