logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2020.11.11 2020노3005
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds of appeal is too unreasonable given that the Defendant’s conviction (a two years and six months of imprisonment, a forty-hour order, and a three-year employment restriction order) is too unreasonable, taking into account the following circumstances: (a) the Defendant’s perception of all the facts of each of the instant crimes and reflects his mistake in depth; and (b) the edification through treatment, such as repeating each of the instant crimes due to alcohol addiction, etc., should be given priority to the correction of the Defendant

2. The current Criminal Procedure Act, which takes the principle of trial-oriented and directness, has the unique area of the first instance court with respect to the determination of sentencing. As such, it is reasonable to respect the determination of sentencing in the case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion (see Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court appears to have determined the sentence by sufficiently taking into account the above favorable circumstances alleged in the first instance court. In light of the circumstance, contents and frequency of each of the instant crimes, the nature of the crime is not less easily less likely to be taken into account, and there is no special change in circumstances that the lower court has to change the sentence after the pronouncement of the lower court, and considering all the reasons indicated in the records of the instant case, including the Defendant’s age, character, environment, motive, motive, means and consequence of the crime, etc., the lower court’s judgment is too excessive beyond the reasonable scope of discretion.

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