logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.11.12 2020노2889
업무방해
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentencing (one year of imprisonment and confiscation) of the lower court is too unreasonable.

B. The lower court’s sentencing of the prosecutor (e.g., indubly unfair) is unreasonable as it is too unhued.

2. The determination of sentencing is based on the statutory penalty, with a discretionary determination that 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 which our Criminal Procedure Act, which takes the trial-oriented principle and the principle of directness, has a unique area of the first instance trial regarding the

In addition, considering these circumstances and the ex post facto nature of the appellate court, it is reasonable to respect the sentencing conditions in the event that 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, and to refrain from rendering a sentence that does not differ from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the sentence of the first instance court is somewhat different from the opinion of the appellate court,

(2) In light of the aforementioned factors of sentencing acknowledged by the evidence duly adopted and examined by the lower court, the lower court’s determination is not deemed to have exceeded the reasonable scope of discretion, and the lower court’s determination is not deemed to have exceeded the reasonable scope of discretion, in full view of the following factors: (a) the circumstance favorable to sentencing asserted by the Defendant in the first instance trial, including the fact that the Defendant, on the grounds stated in its reasoning of sentencing, was sentenced to the aforementioned punishment; (b) the Defendant, even prior to the instant case, has many records of criminal punishment for violent crimes; and (c) the Defendant, without carrying a deadly weapon, committed a crime; and (d) the circumstance unfavorable to sentencing claimed by the Prosecutor in the first instance trial is not good; and (d) the foregoing factors of sentencing acknowledged by the lower court and the evidence duly adopted and examined by the lower court.

arrow