logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.03.19 2019노7188
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment (one year of imprisonment and confiscation) of the first instance judgment against the accused against 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). In light of the foregoing legal doctrine, the following are favorable circumstances for the Defendant: (a) the Defendant appears to have caused to each of the instant crimes; and (b) the Defendant recognized each of the instant crimes and expressed his/her intent to reflect.

However, in full view of the following circumstances: (a) the Defendant repeatedly committed the same kind of crime in the past and has been punished several times; (b) there is no change in the sentencing conditions compared with the first instance court because the new sentencing data has not been submitted in the trial; and (c) the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime; and (d) other circumstances that form the conditions of sentencing as shown in the records and arguments of the instant case, including the circumstances after the crime, etc., the sentencing of the first instance court cannot be deemed unfair because the

3. The appeal by the defendant is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow