logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2019.10.11 2019노667
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant's appeal is dismissed pursuant to Article 361-4 (1) of the Criminal Procedure Act, unless he/she files a statement of grounds for appeal within the lawful period for submission of the grounds for appeal, and the appeal does not contain any grounds for appeal, and even if examining the records, he/she cannot find any grounds for ex officio investigation. However, as long as the defendant's appeal is decided on the prosecutor's appeal, the defendant's appeal is dismissed without separately

2. Judgment on the prosecutor's appeal

A. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months, 2 years of suspended execution, 120 hours of community service) of the lower court is deemed unreasonable.

B. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s failure to submit new sentencing data at the trial and the lower court, and in full view of the factors revealed in the instant argument, the lower court’s sentencing is too unfluent and so it does not seem to have exceeded the reasonable scope of discretion.

An appeal by a public prosecutor shall be groundless.

3. The appeal filed by the defendant and the prosecutor in conclusion is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow