logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2019.05.08 2018노1940
특수상해
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court's punishment (limited to eight months of imprisonment, two years of suspended sentence, and an order to attend lectures for probation and violent therapy) is too uneasy and unreasonable.

Judgment

The lower court determined a punishment within a reasonable scope by fully taking into account the overall circumstances regarding the sentencing of the Defendant, and there is no circumstance to newly consider in the trial. Therefore, even considering the circumstances asserted by the prosecutor as the grounds for appeal, it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However) However, it is apparent that the application of the law of the lower judgment was omitted “1. Discretionary mitigation” and “Article 53 and Article 55(1)3 of the Criminal Act” at the lower end, and thus, it is ex officio in accordance with Article 25(1) of the Rules on Criminal Procedure.

arrow