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(영문) 수원지방법원 2019.11.22 2019노5383
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (three million won of fine) is too large.

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, and 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, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the reasons for sentencing revealed in the oral proceedings of the instant case, the lower court’s sentencing is too unreasonable and thus, it cannot be said that the lower court exceeded the reasonable scope of discretion, taking account of the following: (a) no particular new new sentencing data has been submitted in the trial; and (b) there is no significant change in the conditions of sentencing compared with the lower court; and (c) the reasons for sentencing revealed in the oral proceedings of the instant case (in particular,

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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