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(영문) 서울북부지방법원 2020.04.17 2020노315
공전자기록등불실기재등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

Judgment

It is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentencing of the first instance court falls within the scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). According to the foregoing legal doctrine, there is no change in the conditions of sentencing compared to the original judgment, and all of the reasons for sentencing specified in the records and arguments in the instant case, the lower court’s sentencing is too too unreasonable and thus, is not recognized to have exceeded the reasonable scope of discretion.

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

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