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(영문) 수원지방법원 2019.08.14 2019노3123
상습사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable.

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 full view of the grounds for sentencing (in particular, the crime committed during the period of the same repeated offense) revealed in the oral argument of the instant case, the lower court’s sentencing is too unreasonable, and thus, it cannot be said that the lower court exceeded the reasonable scope of discretion.

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

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