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의정부지방법원 2018.08.30 2018노2145
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two months of imprisonment) is too unreasonable.

2. According to our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists an area unique to the first instance court’s determination of sentencing. In addition, in light of the ex post facto core nature of the appellate court, it is reasonable to respect the first instance judgment if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of discretion. Although the first instance judgment falls within the reasonable scope of discretion, it is desirable to reverse the first instance judgment and to refrain from imposing a sentence that does not differ from the first instance judgment solely on the ground that the difference between the appellate court’s opinion and the appellate court’s opinion is somewhat different (see Supreme Court Decision 2015Do3260, Jul. 23, 2015; Supreme Court Decision 2015Do3260, Jul. 23, 2015; Supreme Court Decision 2005Da15550, Feb. 1, 2015).

3. Thus, the defendant's appeal is without merit.

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