logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.10.30 2019노973
상해등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court (one year of imprisonment, three years of suspended execution, three years of probation, community service, 120 hours of imprisonment) is too unreasonable.

Judgment

It is reasonable to respect the sentencing of the first instance court in cases 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, and to refrain from rendering a sentence that does not differ from the first instance court solely on the ground that the sentencing of the first instance court falls within the reasonable scope of discretion, although the sentence of the first instance court falls within the scope of discretion.

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing, the lower court determined by comprehensively taking account of the circumstances favorable to the Defendant and the unfavorable circumstances, and there is no change of circumstances that may otherwise change the sentence of the lower court.

Therefore, it is difficult to evaluate that there was a change in the sentencing conditions of the lower court in the time of the trial, and considering various sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, motive, means and consequence of the crime, etc., the lower court’s sentencing does not seem to have exceeded the reasonable scope of discretion because it is too excessive.

Defendant’s assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is groundless. It is so decided as per Disposition.

arrow