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(영문) 수원지방법원 2018.05.15 2018노1472
업무상횡령등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (five months of imprisonment) is too unreasonable.

2. The Criminal Litigation Act, which takes the principle of court-oriented trials and the principle of direct determination, has a unique area for the determination of sentencing, and 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, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The conditions of sentencing are not changed compared with the lower court’s judgment on the grounds that new materials for sentencing have not been submitted in the trial, and the sentencing of the lower court was too excessive and exceeded the reasonable scope of discretion in full view of all the reasons for sentencing specified in the records of the instant case.

shall not be deemed to exist.

3. The Defendant’s appeal is without merit and thus dismissed under Article 364(4) of the Criminal Procedure Act (Provided, That the judgment below’s correction is made ex officio under Article 25(1) of the Rules on Criminal Procedure as to “the non-date radius” as it is apparent that the first part of Article 25(2) of the Criminal Procedure Act is a clerical error.

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