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(영문) 인천지방법원 2019.09.20 2019노2089
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years and six months of imprisonment) by the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(2) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles on the crime of this case by misapprehending the legal principles on the amount of punishment under Article 2015Do3260 of the Criminal Procedure Act, etc. (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The court below erred by misapprehending the legal principles on the amount of punishment under Article 10 of the Criminal Procedure Act, and by misapprehending the legal principles on the amount of punishment under Article 10 of the Criminal Procedure Act, the court below erred by misapprehending the legal principles on the amount of punishment under Article 10 of the Criminal Procedure Act. The court below erred by misapprehending the legal principles on the amount of punishment under Article 10 of the Criminal Procedure Act.

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

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