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(영문) 수원지방법원 2020.01.15 2019노5719
출입국관리법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (ten months of imprisonment, two years of suspended sentence, two years of probation, and community service order) 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). No particular new sentencing data has been submitted in the trial, and there is no significant change in the conditions of sentencing compared to the original judgment. In full view of all the reasons for sentencing (in particular, the previous criminal records of the Defendant) revealed in the course of the argument in the instant case, the sentencing of the lower court cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the lower court is too unreasonable.

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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