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(영문) 수원지방법원 2021.01.11 2020노2922
횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable in light of the fact that the Defendant partially repaid the amount of damage to the victim under an agreement with the victim, etc., the penalty (7 million won) of the lower judgment is too unreasonable.

2. In the criminal litigation law that takes the trial-oriented principle and the principle of direct determination, where there exists no change in the conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Even if considering the circumstances of confession made in the first instance court, there exists a significant change in the conditions of sentencing compared to the lower court, even if considering the circumstances of confession made in the first instance court.

In full view of all the reasons for sentencing indicated in the records of the instant case, the lower court’s sentencing was so excessive that it exceeded the reasonable scope of discretion.

shall not be deemed to exist.

Therefore, the defendant's argument of sentencing is without merit.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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