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(영문) 수원지방법원 2019.09.02 2019노1394
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is unreasonable in light of the following circumstances: (a) the Defendant suffered damage to a large number of victims due to the withdrawal of the singishing crime; (b) the Defendant did not seriously reflect and acquired cash in return for the commission of a crime; (c) the Defendant’s imprisonment (one year of imprisonment, two years of suspended execution, two years of probation, community service, 160 hours of probation

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). As a result, there is no change in the sentencing conditions compared with the original judgment, as the new sentencing materials have not been submitted in the trial, and in full view of all the reasons for sentencing indicated in the record of the instant case, the lower court’s sentencing is too unfluent, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

3. If so, the prosecutor's appeal is dismissed as it is without merit. It is so decided as per Disposition.

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