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(영문) 수원지방법원 2019.08.14 2019노2101
업무상횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to 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 does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in the conditions of sentencing compared with the original judgment because new sentencing materials have not been submitted at the trial court. In full view of all the reasons for sentencing revealed during the pleadings of the instant case (in particular, the fact that the damage amount exceeds KRW 260 million and the damage was not recovered completely), the sentencing of the lower court is too unreasonable, and it cannot be deemed that the lower court exceeded the reasonable scope of discretion.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.

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