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(영문) 수원지방법원 2019.09.27 2019노2041
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment, three years of suspended execution, and two years of probation) is too unreasonable;

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area for sentencing determination, 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 all of the reasons for sentencing revealed in the proceedings of the instant case (in particular, the Defendant committed each of the instant crimes against the general public unrelated to himself/herself without any special reason, and the motive thereof and the attitude of committing the instant crime), the lower court’s sentencing is too unreasonable, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

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