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(영문) 서울중앙지방법원 2018.07.20 2018노475
보조금관리에관한법률위반
Text

The defendant's appeal is dismissed.

Reasons

The punishment of the court below (eight months of imprisonment and two years of suspended execution) is too unreasonable.

Judgment

The sentence of the court below is too heavy or too minor in light of the contents of the specific case.

Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and there is a unique area of the first deliberation in our criminal litigation law that takes the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, if 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, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment by fully taking into account all the circumstances of the Defendant’s sentencing, such as the fact that the Defendant’s subsidies illegally received by the Defendant for a false application are a considerable amount of 150,000,000 won, which is disadvantageous to the Defendant, such as the fact that all the subsidies illegally received by the Defendant were returned, that the Defendant did not have any history of being punished for the same kind of crime or having no history of being sentenced to suspended execution or more, and that all of the crimes were confession

The above sentencing is within the reasonable scope.

Since there is no circumstance that can be newly considered in the trial, the sentence of the court below is too unreasonable because the sentence of the court below is too unreasonable.

In conclusion, 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 without merit. It is so decided as per Disposition (On the other hand, in the application of the law of the court below, the receipt of subsidy No. 1 in the [Attachment No. 1] in the [Attachment No. 1]

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