logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.07.26 2019노1396
폭행등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the Prosecutor (one year of imprisonment) is too unhued and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In full view of the circumstances favorable to the Defendant, such as: (a) the Defendant repeatedly committed the instant crime without being aware of it during the period of probation; (b) the Defendant’s use of violence against many and unspecified persons without any particular reason; (c) the Defendant’s use of violence; (d) the Defendant recognized the Defendant’s commission of the crime; and (e) the Defendant’s use of the crime; and (e) the circumstances favorable to the Defendant, such as the fact that the Defendant did not have a sentence imposed on the Defendant; and (e) other factors revealed during the instant pleadings, the lower court’s sentencing is too heavy or unfilled, and thus

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of the appeals are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow