logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 춘천지방법원 강릉지원 2018.06.07 2018노129
존속상해
Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair sentencing)’s punishment (one year of imprisonment) is too unreasonable.

B. The prosecutor (unfair sentencing) of the lower court’s respective sentences (one year of imprisonment, ten months of imprisonment, and two years of suspended sentence) are deemed to be too uneasy and unfair.

2. There is no change in the terms and conditions of sentencing compared to the first instance court, and where the first instance court’s sentencing 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). Based on the foregoing legal doctrine, there is no change in the sentencing conditions compared with the lower court’s given that there was no submission of new materials on sentencing to the Defendants in the trial, and considering the factors revealed in the argument in the instant case, the lower court’s sentencing was too heavy or unfilled, thereby exceeding the reasonable scope of discretion.

It does not appear.

Therefore, we cannot accept each of the above arguments of the defendant A and prosecutor.

3. In conclusion, the appeal by Defendant A and the prosecutor against the Defendants is without merit. Thus, the appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow