logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.06.21 2019노1684
특정범죄자에대한보호관찰및전자장치부착등에관한법률위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (one year and two months) is too unreasonable; and

2. The Korean Criminal Procedure Act, which takes the principle of trial priority and the principle of directness on the market, has a unique area of sentencing in the first instance, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In the first instance court, even though G’s application for non-prosecution of punishment was submitted to the defrauded, the victim of the fraudulent case, the actual recovery of damage did not appear to have been made, it is difficult to view that there was a significant change in the conditions of sentencing when considering the weight of the said fraudulent case in the entire crime. In full view of all the reasons for sentencing revealed during the pleadings in the instant case (in particular, the fact that each of the instant crimes was committed during the period of repeated offense), the lower court’s sentencing is too excessive and it cannot be said that the lower court exceeded

3. The appeal by the defendant is without merit and thus dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow