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(영문) 수원지방법원 2020.03.09 2019노6771
사기등
Text

The defendant's appeal is dismissed.

Reasons

The gist of the appeal by the defendant and the defense counsel is that the court below's punishment (one year of imprisonment) is too unreasonable.

The Criminal Procedure Act, which adopts the trial-oriented principle and the principle of direct supervision as to the determination of sentencing, has a unique area of the first instance, and there is no change in the conditions of sentencing between the court below and the court below, and there is no particular data submitted in the trial, and there is no change in the conditions of sentencing between the court below and the court below. In light of the reasons for sentencing indicated in the records of this case, it is reasonable to respect the determination of sentencing in the Criminal Procedure Act where there is no change in the conditions of sentencing in comparison with the court of first instance,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant’s appeal is dismissed for lack of justifiable grounds.

(However, the decision of the court below is clearly erroneous in the election of "each fine" as stated in Part 5 of the 6th sentence of the decision of the court below.

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