logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원 2020.11.06 2020노1589
도주
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of 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 them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). According to the foregoing legal doctrine, the crime of this case was committed after the Defendant was arrested under a warrant of arrest, and the Defendant was committed with a warrant of arrest, and such punishment was determined by fully taking into account all the circumstances that the Defendant asserted as the grounds for appeal, including the confession and reflecting that the Defendant was led to the confession, and there was no change in the sentencing conditions compared with the lower court on the ground that there was no change in the sentencing conditions since new materials on sentencing were not submitted in the trial. In full view of all the reasons for sentencing as indicated in the records of this case and the pleadings, the lower court’s sentencing is too excessive and is not recognized to have exceeded

3. As such, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow