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(영문) 수원지방법원 2020.12.04 2020노4822
특수절도등
Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court against the Defendants (three years of imprisonment for the Defendants A, two years and six months of imprisonment for the Defendants B, three years of imprisonment for the Defendants C, and two years and six months of imprisonment for the Defendants D) is too unreasonable.

Judgment

The Korean Criminal Procedure Act, which takes the principle of court-oriented trials and the principle of directness, has the unique area of sentencing in the first instance, 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, etc.). The lower court, as indicated in its reasoning, determined the punishment by comprehensively taking into account the circumstances favorable to the Defendants and the unfavorable circumstances, and the Defendants’ assertion as the grounds for appeal, including the fact that the Defendants recognized each of the instant crimes and reflected against the Defendants, was already reflected in the sentencing process of the lower court, and there was no change in the special sentencing condition that could change the sentence of the lower court at the time of the trial.

In full view of various circumstances, including the fact that the Defendants committed each of the instant crimes again during the period of repeated crime due to the same crime, and a considerable amount of damage to the victims, etc., the Defendants’ age, character, occupation, occupation, environment, family relationship, health status, criminal records and their contents, attitudes in investigation agencies and courts, the nature of the crimes, the degree of participation, motive, means and consequence of the crimes, and the circumstances after the crime, etc., which are the conditions for sentencing as shown in the oral argument at the original judgment and the party hearing, such as the circumstances after the crime, etc., the lower court’s punishment against the Defendants is too unreasonable as it goes beyond the reasonable scope of its discretion.

Therefore, the defendants' appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendants' appeal of this case is without merit. It is so decided as per Disposition.

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