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(영문) 수원지방법원 2019.03.29 2019노181
공갈등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the reasons for sentencing revealed in the proceedings of the instant case (i.e., the method in which the crime to be committed is planned, the majority of the victims are the majority, and the total amount of the proceeds exceeds KRW 500 million, and no damage recovery is recovered), it cannot be deemed that the sentencing of the lower court exceeded the reasonable scope of discretion, because it is too unreasonable for the lower court to have exceeded the reasonable scope of discretion.

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.

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