logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2021.01.21 2020노1443
실화
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. The lower court rendered a sentence that reduces part of the fine stipulated in the summary order by taking account of the fact that the Defendant recognized a crime and made a mistake against the Defendant, and that the Defendant appears to be old and to have not enough economic conditions.

In light of the following facts: (a) the grounds for sentencing alleged by the Defendant in the first instance court are considered in the sentencing; (b) there are no new circumstances that may be considered in the sentencing after the pronouncement of the lower judgment; (c) there is no change in the conditions of sentencing compared to the first instance court; and (d) where the first instance judgment does not deviate from the reasonable scope of discretion, it is reasonable to respect the first instance judgment (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the fact that the above sentencing grounds for the lower court’s sentencing are large enough to inflict damage on the Defendant due to the instant crime, the sentence imposed by the lower court cannot be deemed unfair because the sentence imposed by the Defendant is unlimited.

Therefore, the defendant's assertion is without merit.

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