logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.04.27 2019노6601
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the penalty of KRW 2 million for Defendant A, the fine of KRW 1.5 million for Defendant B, the fine of KRW 1.5 million for Defendant D, and the fine of KRW 4 million for Defendant E) is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, ought to respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the materials submitted in the trial at the trial, there is no significant change in the sentencing conditions compared to the original judgment, and comprehensively taking account of all the circumstances that form the conditions for sentencing as indicated in the records and pleadings in this case, the lower court’s sentencing is too unreasonable and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

Therefore, the Defendants’ assertion of unreasonable sentencing is without merit.

3. In conclusion, the Defendants’ appeal is dismissed as it is without merit. It is so decided as per Disposition.

arrow