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(영문) 수원지방법원 2021.03.19 2020노7094
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (six months of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists a unique area of the first instance in relation to the determination of sentencing, there is no change in the conditions of sentencing compared to the first instance court, and where the first instance judgment 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). The circumstances asserted by the Defendant on the grounds of appeal, such as the recognition and opposition of the instant crime, are deemed to have already been reflected in the lower court’s sentencing process, and there is no change in the special sentencing condition that can change the sentence of the lower court at the time of the first instance trial.

In full view of the various circumstances, including the fact that damage has not been recovered, the Defendant’s age, sex, environment, family relationship, health status, criminal history and contents thereof, attitude in the investigation agency and court, crime quality, motive, means and consequence of the crime, etc., as well as the circumstances after the crime, the lower court’s sentence against the Defendant is too unreasonable as it goes beyond the reasonable scope of its discretion.

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

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