logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.07.24 2020노80
유사수신행위의규제에관한법률위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each punishment (three years of imprisonment with prison labor for the defendants A, and one year and six months of imprisonment with prison labor for the defendants B) declared by the court below to the defendants.

2. Where there is no change in the sentencing conditions compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Circumstances the Defendants asserted as sentencing factors in this court were already revealed in the hearing process of the lower court. There is no particular change in the situation in the sentencing guidelines and the matters subject to the conditions of sentencing after the sentence of the lower judgment was rendered.

In light of the above circumstances, even if K submitted an additional written application for no punishment in the court of first instance, each sentence imposed on the Defendants cannot be deemed to have been in excess of the reasonable scope of discretion in the court below’s sentencing, in light of the fact that each sentence imposed on the Defendants is the lowest sentence among the recommended sentences for sentencing guidelines (in the case of Defendant B, the lowest sentence that reduces 1/2). The court below’s sentencing becomes final and conclusive by withdrawing an appeal by the Defendant, which is an accomplice, and the court below’s sentencing becomes final and conclusive by taking full account of the defendants’ age, character and behavior, environment, motive and means of the crime, consequence, degree of participation, and circumstances after the crime, etc., the court below’s each sentence imposed on the Defendants cannot be deemed to be unfair.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

arrow