logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2018.11.21 2018노1891
무고
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing the sentencing of the gist of the grounds for appeal (the sentence of the lower court: a fine of seven million won);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The lower court rendered a sentence by comprehensively taking into account the favorable circumstances, such as the Defendant’s age, sexual behavior, environment, background of the crime, circumstances after the crime, etc., under which it infringes on the national legal interest, which is a proper exercise of the State’s trial function, and seriously threatens the legal stability of the person under consideration; the Defendant’s confession of the crime in this case; and the fact that there was no record of punishment for the same type of criminal record; and the sentence was imposed by comprehensively taking into account the following factors:

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

However, the part of the judgment of the court below regarding “criminal records” and “the summary of evidence” in the “criminal records” column is to be corrected to delete.

arrow