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(영문) 서울중앙지방법원 2019.07.25 2018노2897
점유이탈물횡령
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 500,00) of the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of all the factors indicated in the record in the instant case where there is no significant change in the sentencing conditions compared to the lower court, the lower court’s sentencing against the Defendant cannot be deemed to have exceeded the reasonable scope of discretion because the sentencing of the Defendant is too excessive.

The defendant's assertion of unfair sentencing is without merit.

3. The defendant's appeal is dismissed.

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