logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.11.09 2017노488
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (an amount of KRW 500,000) is too unreasonable.

2. Under our criminal litigation law, which takes the principle of trial-oriented and directness, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared with the first instance court, and where the first instance court sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The defendant shows an attitude to recognize and reflect each of the crimes in this case, and the defendant committed each of the crimes in this case under mental and physical influence due to stimulative disorder. Each of the crimes in this case is deemed to have committed each of the crimes in violation of the Act on the Protection of Children and Juveniles from Sexual Abuse against Sexual Abuse, for which the judgment of the lower court became final and conclusive, in relation to concurrent crimes, it is deemed necessary to determine the sentence in consideration of equity with the case where the judgment was rendered simultaneously, but the lower court appears to have determined the sentence against the defendant, taking into account the aforementioned circumstances, and there is no reasonable way or method to prevent changes in circumstances after the sentencing of the defendant.

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