logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2019.01.31 2018노4273
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (the first crime in the original decision: imprisonment with prison labor for one month and the second crime in the decision of the court below: imprisonment with prison labor for one month) against the defendant in the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from 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 particular change in the sentencing conditions compared with the original judgment, as the materials for new sentencing have not been submitted at the trial and the lower court did not appear to be unfair because the sentencing revealed in the process of the instant pleading goes too far beyond the reasonable scope of discretion.

Therefore, the defendant's assertion of unfair sentencing is without merit.

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

arrow