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(영문) 수원지방법원 2019.11.22 2019노5302
공문서부정행사등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (four months of imprisonment) 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 to the original judgment because new sentencing materials have not been submitted at the trial court. In full view of all of the reasons for sentencing (in particular, the Defendant committed the instant crime without being aware of the fact that the Defendant committed the instant crime without being aware of it during the period of suspension of execution) revealed in the pleadings of the instant case, the sentencing of the lower court is too unreasonable to be beyond 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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