beta
Text
All appeals by the defendant and the prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentencing of the lower court (unfair sentencing) by Defendant (one year of imprisonment and confiscation) is excessively unreasonable.
B. The lower court’s sentencing (unfair sentencing) is unreasonable as it is too unhued.
2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.
In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing 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 does not deviate from the reasonable scope of the discretion. Although the sentence of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court by destroying the first instance judgment solely on the ground that the sentence of the first instance falls within the reasonable scope of the discretion, but is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the above sentence to the Defendant on the grounds of the sentencing as stated in its reasoning, including the fact that the Defendant was led to the confession of the offense, against the victim’s face, etc., and that the Defendant exceeded the reasonable scope of the sentencing in the lower court’s reasonable judgment and the evidence that the prosecutor was unable to duly accept the sentence from the lower court.
I am.