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(영문) 수원지방법원 2018.09.21 2018노4492
권리행사방해
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (4 months of imprisonment) is too unreasonable.

2. The Criminal Litigation Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance trial, and the sentencing in the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). There is no change in the conditions of sentencing compared with the lower court on the ground that new materials for sentencing have not been submitted in the trial, and the lower court’s sentencing was too excessive and exceeded the reasonable scope of discretion, comprehensively taking account of all the reasons for sentencing specified in the records of the instant case.

shall not be deemed to exist.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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