logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.09.17 2018노1713
주거침입
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (four months of imprisonment, one year of suspended execution, and eight hours of social service) is too unhued and unreasonable;

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively 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 instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to 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.

(2) In light of the aforementioned circumstances, the lower court rendered the above sentence to the Defendant by taking into account the favorable circumstances, such as (i) the Defendant’s primary offender and (ii) the fact that the Defendant appears to have suffered considerable pain in the instant case; (iii) the Defendant appears not to have been aware of the fact that the Defendant was the primary offender; and (iv) the Defendant appears to have committed a crime due to dolus negligence; and (iii) there is no special circumstance or change of circumstances that may be considered newly in sentencing at the trial; and (iv) other factors of sentencing indicated in the instant records and pleadings, including the Defendant’s age, character and conduct, family relationship, motive and background of the crime, and circumstances after the crime, etc., the lower court’s sentencing cannot be deemed to have exceeded the reasonable scope of discretion, and thus, it is difficult to deem that the sentencing of the lower court exceeded the reasonable scope of discretion.

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

arrow