logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.07.11 2018노485
도로교통법위반(음주운전)등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. Determination

A. In light of the fact that sentencing takes place within a reasonable and appropriate scope, taking into account the factors constituting the conditions for sentencing prescribed in Article 51 of the Criminal Act, based on the statutory punishment, and the fact that the sentencing is determined after the appellate court’s ex post facto review nature, etc., it is reasonable to respect the first instance judgment in a case where there is no change in the conditions for sentencing compared with the first instance judgment, and the first instance sentencing does not deviate from the reasonable scope of discretion. Although the first instance sentencing falls within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the sole ground that the difference from the appellate court’s opinion is somewhat different from that of the first instance judgment to refrain from sentencing (see Supreme Court Decision 2015Do3260, Jul. 23, 2015; Supreme Court Decision 2015Do3260, Jul. 23, 2015).

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow