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(영문) 서울고등법원 2016.06.16 2016노889
한국마사회법위반등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal: The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

Judgment

Based on the statutory penalty, the sentencing is a discretionary judgment that takes into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act within a reasonable and appropriate scope.

However, considering the unique area of sentencing of sentencing of the first instance that is respected under the principle of trial priority and the principle of direct jurisdiction taken by our criminal litigation law and the nature of the ex post facto review of the appellate court, the sentencing of sentencing of the first instance was exceeded the reasonable scope of discretion when comprehensively taking into account the factors and guidelines for sentencing specified in the first instance sentencing trial process.

In light of the records newly discovered in the course of the appellate court’s sentencing hearing, it is reasonable to file an unfair judgment of the first instance court, only in cases where it is deemed unfair to maintain the sentencing of the first instance court as it is for the court to judge the sentencing of the first instance court.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Examining the record in light of the aforementioned legal principles, the grounds for the illegality of sentencing alleged by the Defendant appears to have been determined by the lower court in determining the punishment, and the lower court’s sentencing is deemed to have been conducted within the reasonable scope of discretion when considering the overall circumstances related to the sentencing of the instant case, and thus, it is reasonable to respect them.

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

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, and it is so decided as per Disposition (Article 25 (1) of the Rules on Criminal Procedure).

In other words, the crime sight II in the judgment of the court below is in part.

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