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(영문) 대전지방법원 2020.01.23 2019노3270
감금등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal: The lower court’s imprisonment (10 months of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). As stated in the grounds for sentencing, the lower court determined a punishment by fully taking into account all the circumstances regarding the Defendant’s sentencing, and comprehensively considering the records of the instant case and various sentencing conditions expressed in the trial process, the lower court’s sentencing is not deemed to have exceeded the reasonable scope of discretion, and there is no change in new sentencing conditions to deem that

(A) Although the Defendant made a confession of all crimes in the first instance court, this does not appear to have changed circumstances that could change the sentencing of the lower court). Therefore, it is not recognized that the sentence of the lower court is too unreasonable because it is too unreasonable.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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