logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.06.29 2018노481
상해
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence against the Defendants (in case of Defendant A: one year of imprisonment, two years of suspended sentence, four months of imprisonment, and one year of suspended sentence) is too unfluent and unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In light of the following, the lower court determined the sentence by comprehensively taking into account all favorable and unfavorable circumstances for the Defendants, and the lower court did not change any particular conditions of sentencing compared with the lower court’s judgment on the grounds that new materials for sentencing have not been submitted in the trial, and even considering the various conditions of sentencing specified in the instant records and arguments, the lower court’s sentencing against the Defendants was too unscheduled and exceeded the reasonable scope of discretion of sentencing, thereby exceeding the scope of discretion of sentencing.

It does not seem that it does not appear.

Therefore, prosecutor's assertion is without merit.

3. In conclusion, since each appeal against the Defendants by the prosecutor is without merit, all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow