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(영문) 서울남부지방법원 2019.05.30 2019노409
사기미수등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (in both cases of unfair sentencing) by the court below (in both cases, ten months of imprisonment, confiscation, and collection) is too weak or unreasonable.

2. The Korean Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of direct determination, is reasonable to respect the determination of sentencing in cases where 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). In light of the foregoing legal doctrine, there are no new special circumstances or changes in circumstances that could reflect the instant case in the sentencing of the Defendant after the pronouncement of the lower judgment, and no new circumstances or changes in circumstances are found to be reflected in the sentencing of the Defendant, and the lower court’s sentencing conditions, such as the Defendant’s age, character and conduct, and environment, compared with the reasons for sentencing of the lower judgment, do not seem to be too somewhat somewhat somewhat somewhat less than or too severe than the scope of reasonable discretion, and thus, the Defendant

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition

(Provided, That pursuant to Article 25(1) of the Rules on Criminal Procedure, the "purchase medication" in the sixth 8th tier of the judgment of the court below shall be corrected to "purchase possession" ex officio.

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