logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.05.02 2019노169
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (in both cases of unfair sentencing) sentenced by the lower court (one year and six months of imprisonment, confiscation) is too weak or unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should 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 first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, since the instant crime was harmful to the society as a health team and the singishing crime had a significant impact on the general public, such as causing serious damage to many unspecified victims in a short period, it is necessary to strictly punish a certain act, even though it is necessary, the Defendant’s crime is against himself/herself; there is no new special circumstance or change of circumstances that may be reflected in the sentencing after the pronouncement of the lower judgment; and other various sentencing conditions indicated in the instant records and arguments, including Defendant’s age, character, character and environment, the lower court’s sentencing does not seem to be excessively less and too harsh than the scope of reasonable discretion, and thus, the Defendant and the prosecutor’s assertion of unfair sentencing is not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow