logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전고등법원 2019.10.18 2019노313
특정범죄가중처벌등에관한법률위반(보복폭행등)등
Text

The defendant and prosecutor's appeal are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year and six months of imprisonment and fine of 300,000 won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination of sentencing is based on statutory penalty, discretionary determination that takes place within a reasonable and appropriate scope, taking into account the factors constituting conditions for sentencing prescribed in Article 51 of the Criminal Act.

However, considering the unique area of sentencing of the first instance court that is respected under the principle of trial priority and the principle of directness taken by our Criminal Procedure Act and the nature of the ex post facto review of the appellate court, it is reasonable to reverse the unfair judgment of the first instance court only in cases where it is deemed that the sentencing of the first instance court exceeded the reasonable scope of discretion when comprehensively considering the conditions of sentencing specified in the process of the first instance sentencing review and the sentencing criteria, or where it is deemed unfair to maintain the first instance sentencing judgment in full view of the materials newly discovered in the course of the appellate court’s sentencing review, etc.

In the absence of such exceptional circumstances, it is desirable to respect the sentencing of the first instance court in the absence of such exceptional circumstances.

(2) The court below’s decision on July 23, 2015 (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The court below rendered the above sentence to the Defendant on the grounds of sentencing as stated in its reasoning. Of the circumstances cited as the grounds for appeal, the Defendant recognized and against himself/herself, among the circumstances cited as the grounds for appeal, and agreed with the victim C and E, and the Defendant did not have any criminal record of suspended sentence prior to the instant crime; among the circumstances cited by the prosecutor as the grounds for appeal, the Defendant was extremely poor in terms of the period, place, method, and degree of damage to the victims of the instant crime; and there is no change in the sentencing condition to be newly taken into account in the court below

arrow