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(영문) 수원지방법원 2020.08.24 2020노2262
절도
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable in view of the fact that the defendant recognized and reflected the crime, and that he committed a crime for the livelihood with his family, etc., the punishment of the judgment below is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should 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 is not beyond the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the factors indicated in the records of this case, the lower court’s sentencing is too unreasonable to have exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

[In a case where an appeal against a judgment of conviction is filed, the confirmation of a compensation order shall be interrupted even without an objection to the compensation order, the compensation order shall be transferred to the appellate court along with the accused case (Article 33(1) of the Act on Special Cases Concerning the Promotion, etc. of Litigation), but the accused did not state the grounds for appeal regarding the cited part of the compensation order among the judgment below, and even if ex officio examination does not reveal any grounds for cancelling or amending the above compensation order, the cited part of the judgment of the court below

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