logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2018.06.29 2018노2205
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The reasons for appeal (six months of imprisonment) by the lower court are too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the lower court’s judgment, and where the sentencing of the lower court does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court determined the sentence against the Defendant by comprehensively taking account of the circumstances favorable to the Defendant and unfavorable conditions

The circumstances alleged by the defendant on the grounds of appeal (e.g. confession, infinite family circumstances, contingent crimes, and prevention of recurrence) seems to have already been considered in the sentencing process of the court below.

In addition, there is no new change in circumstances that can change the sentence of the court below in the first instance court.

When comprehensively taking into account the sentencing conditions, such as the character, conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., as shown in the deliberation by the court below and the party, the sentence of the court below is too excessive to exceed the reasonable scope of discretion, and it cannot be deemed unfair (the defendant was subject to punishment after the crime of this case).

However, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow