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(영문) 수원지방법원 2017.11.03 2017노3604
청소년보호법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court 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). As new sentencing data are not submitted in the first instance court, there is no change in the conditions of sentencing compared with the lower court’s judgment, and the circumstances alleged by the Defendant for unfair reasons for sentencing are deemed to have already been reflected in the sentencing grounds of the lower court. Despite the fact that the criminal history of the same offense was three times, there is a high possibility of criticism because the Defendant committed the instant crime again, and other various circumstances, such as the motive, means and consequence of the crime, and the circumstances after the crime, etc., of the lower court’s sentencing, are considered to have exceeded the reasonable scope of discretion, by taking full account of the following factors, it cannot be deemed that the lower court’

Therefore, the defendant's assertion is without merit.

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.

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