logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 제주지방법원 2017.09.28 2017노319
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and four months of imprisonment) is too unhued and unreasonable.

2. Under our criminal litigation law, which takes the principle of court-oriented trials and the principle of direct determination, it is reasonable to respect the determination of sentencing in cases where there exists no change in the conditions of sentencing compared to the first instance court, and the first instance court does not deviate from the reasonable scope of discretion (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The defendant has the record of criminal punishment several times of violent crimes; the degree of injury suffered by the victim is relatively heavy; the defendant is subject to agreement with the victims; the defendant did not receive suspicion from the victims; however, the court below appears to have determined the punishment against the defendant in light of the above circumstances; the defendant appears to have no change of circumstances to take into account the sentencing after the sentence of the court below was rendered; the defendant appears to have recognized each of the crimes of this case; and the defendant is not subject to reasonable discretion, or all of the unfair sentencing factors of this case, including the defendant’s age, sex, environment, motive and method of each of the crimes of this case; and

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

arrow