logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.05.14 2020노775
출입국관리법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's main points of appeal by the defendant and the prosecutor (eight months of imprisonment) are too unfasible to the defendant, and the prosecutor is too unfased and unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, requires respect for the determination of sentencing where there exists no change in the sentencing conditions compared to the first instance court, and where the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Based on the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment, as the materials for new sentencing were not submitted at the trial and the lower court did not change, and in full view of all the reasons for sentencing indicated in the record of the instant case, the lower court’s sentencing is too heavy or is so unftened that it exceeded the reasonable scope of discretion.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.

arrow