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(영문) 수원지방법원 2020.04.08 2020노718
야간방실침입절도
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 recognized the crime and reflected in the crime, the degree of damage, etc.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is 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.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and in full view of all the factors indicated in the records of this case, the lower court’s sentencing was imprisoned and exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the lower court’s judgment’s first criminal records, “the Defendant was sentenced to eight months of imprisonment by the Suwon District Court on October 8, 2015 and the execution of the sentence is terminated at the Suwon Detention House on December 28, 2015,” which read “the Defendant is sentenced to eight months of imprisonment by the Suwon District Court on October 8, 2015 and was released by the revocation of detention on December 28, 2015, and the execution of the sentence becomes final and conclusive on January 28, 2016 and conclusive on January 28, 2016, and is corrected to “the execution of the sentence”).

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