logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.12.21 2017노4152
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

The court below's sentence (eight months of imprisonment) against the defendant in summary of the prosecutor's appeal is too unfasible and unfair.

Judgment

The crime of this case is committed by the defendant who is a female living together with the amount of KRW 780,90,000,00 in total under the name of the loan, by deceiving the victim several times, and by assaulting or injuring the victim, in light of the contents of the crime, the liability for the crime is heavy, and the defendant did not agree with the victim, and the circumstances that are disadvantageous to the defendant are recognized.

However, it is reasonable to respect the sentencing in our criminal litigation law, which adopts the principle of court-oriented trials and the principle of direct supervision, in cases where the first instance court has a unique area for the determination of sentencing and there is no change in the conditions of sentencing compared with the first instance court, and the first instance sentencing does not deviate from the reasonable scope of discretion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The unfavorable circumstances against the above recognized defendant do not correspond to changes in circumstances that could change the sentencing of the court below since the decision of the court below after the decision of the court below, and it seems that the above unfavorable circumstances against the defendant do not correspond to changes in circumstances that could change the sentencing of the court below, and there is no reason to regard the circumstances in the pleadings of this case, such as the defendant's age, the environment, etc.

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

arrow