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(영문) 춘천지방법원 2016.07.21 2015노459
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to KRW 3.5 million) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, there exists a unique area of the first instance in the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing 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). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the lower court’s decision because new materials on sentencing have not been submitted in the trial and the first instance court did not change the conditions of sentencing compared with that of the lower court, and when considering all the reasons for sentencing presented by the lower court, it is not recognized that the sentencing of the lower court is too excessive and exceeded

3. As such, the Defendant’s appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Provided, That among the judgment below, each of the facts constituting the crime of 2014 and 597 of the judgment below is “R”, “L” in the third sentence of the criminal facts of 2015 and 128 of the judgment below, and “the Defendants to be at the last sentence of the same sentence” in the same sentence is obvious that it is each clerical error of “M”, and thus, it is corrected to correct it ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

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