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(영문) 서울중앙지방법원 2020.08.21 2020노1538
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) of the lower court against the Defendant is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court determined punishment by comprehensively taking account of various circumstances as indicated in its reasoning, including the following: (a) the Defendant was suffering from stimulative disorder; (b) the Defendant had been punished for the same kind of crime even before committing each of the instant crimes; and (c) the Defendant committed each of the instant crimes during the period of repeated crimes for which the execution of imprisonment for the same kind of crime has not yet been completed.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime, it cannot be deemed that the sentence of the lower court is too unreasonable.

Therefore, the defendant's argument cannot be accepted.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, it is clear that the proviso of Article 35 and Article 42 of the Criminal Act is erroneous in the application of the laws and regulations on the reasoning of the judgment below. Thus, the ex officio rectification to “Article 35 of the Criminal Act of 1. Cumulative Aggravation” is made pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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