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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.
2. The Criminal Litigation Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing, and there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The conditions of sentencing are not changed compared with the lower court’s judgment on the grounds that new materials for sentencing have not been submitted in the trial, and the sentencing of the lower court was too excessive and exceeded the reasonable scope of discretion in full view of all the reasons for sentencing specified in the records of the instant case.
shall not be deemed to exist.
3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the Defendant is without merit. (On the other hand, the Prosecutor’s request for changes in indictment was made in the trial at the same time, but this was merely to specify the circumstances of the crime, and the subject of the trial was not substantially changed. Thus, the Defendant and B did not reverse the judgment of the court below and added “to purchase a mobile phone from those who acquire and sell a mobile phone which was stolen or lost,” and “the Defendant” in the first part of the first part of the first part of the second part of the judgment of the court below to the extent that it does not interfere with the Defendant’s exercise of right to defense.