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(영문) 서울중앙지방법원 2018.11.30 2018노1912
공공주택특별법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one million won) is too unreasonable and unfair (the Defendant and his/her defense counsel withdrawn all arguments of misunderstanding the facts and misapprehension of legal principles on the second trial date of the first trial). 2. In our criminal litigation law that takes the principle of court-oriented trials and directness on the second trial date of the first trial, it is reasonable to respect the sentencing in cases where there is no change in the conditions of sentencing compared with the first trial, and the first trial sentencing does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). In so doing, the Defendant’s age, sex, environment, family relationship, motive, means, and circumstances of the Defendant’s crime are not changed, and the Defendant’s assertion that the sentencing is not too reasonable, considering the following circumstances, and there is no reason to view that there is no change in the conditions of sentencing as indicated in the record.

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

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