logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2021.03.25 2020노4210
권리행사방해
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (six months of imprisonment) is too unreasonable.

2. The case where the sentence of the lower judgment is too heavy or too minor in light of the substance of the specific case.

Based on the statutory penalty, the sentencing is determined within a reasonable and appropriate scope by taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act, based on the statutory penalty, and there is a unique area of the first deliberation in our criminal litigation law that takes the trial-oriented principle and the principle of directness.

In addition, in light of these circumstances and the ex post facto in-depth nature of the appellate court, it is reasonable to respect the sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance does not deviate from the reasonable scope of the discretion. Although the sentence of sentencing of the first instance falls within the reasonable scope of the discretion, it is desirable to refrain from rendering a judgment of the first instance on the sole ground that the sentence of sentencing of the first instance falls within the scope of the discretion and is somewhat different from the opinion of the appellate court (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is desirable to refrain from rendering a sentence that differs from the first instance court on the grounds that the sentence of sentencing of the first instance falls within the reasonable scope of the discretion of the appellate court (see Supreme Court Decision 2015Do

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, on the grounds that the appeal is groundless.

arrow