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(영문) 의정부지방법원 2018.09.13 2018노372
골재채취법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (a fine of KRW 8,000,000, Defendant B: fine of KRW 4,000) is too unreasonable.

2. In our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, there exists a unique area of the first instance judgment as to 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 judgment, and the first instance judgment does not deviate from the reasonable scope of the discretion. Although the first instance judgment falls within the reasonable scope of the 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 sentence differs from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In accordance with the foregoing legal doctrine, the lower court did not change the conditions of sentencing compared to the lower court’s decision because new materials of sentencing were not submitted in the first instance trial, and considering all the records of the instant case and all the conditions of sentencing expressed in the trial process, the lower court’s judgment’s sentencing is too excessive beyond the reasonable scope of discretion.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, however, the judgment of the court below is ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure, and each of subparagraphs 1 and 2 of the second sentence’s “Special Do Governor” as “Special Self-Governing Province Branch,” and Article 49 subparag. 1 and 14(1) of the Act on the Recovery of Aggregate in the preceding part of the “Article 51 of the Aggregate Extraction Act” as to criminal facts under the applicable law.

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