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(영문) 수원지방법원 2020.11.09 2020노4426
상해등
Text

The defendant's appeal is dismissed.

Reasons

An applicant for the scope of adjudication of the party concerned shall not file an objection against a judgment that rejected an application for compensation order (Article 32(4) of the Act on Special Cases concerning the Promotion, etc. of Litigation), and the application for compensation order shall become final and conclusive immediately.

The court below rejected the application for compensation filed by B, and confirmed simultaneously with the declaration that the above applicant for compensation was not dissatisfied with this part, and thus, the dismissal of the above application for compensation among the judgment of the court below shall be excluded from the scope of the trial of the party.

2. The decision of the court below (one year of imprisonment) is too unreasonable in its summary of the grounds for appeal.

3. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court as to the determination of sentencing, and there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Even if the Defendant agreed with the victim B in the trial, there is no meaningful change in the sentencing conditions compared to the lower court’s judgment, and comprehensively taking account of all the circumstances that form the conditions for sentencing specified in the records and arguments in this case, the lower court’s sentencing is too unreasonable, and thus, cannot be deemed to have exceeded the reasonable scope of discretion.

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

4. In conclusion, the defendant's appeal 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.

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