logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.08.22 2019노1512
공무집행방해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (ten months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of 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 the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court’s sentencing judgment is not deemed to have exceeded the reasonable bounds of discretion, in full view of the following: (a) the circumstances favorable to the Defendant, including: (b) the Defendant’s confession and reflectiveness based on the foregoing legal doctrine; (c) the victim L, G, and R did not want punishment against the Defendant; and (d) the Defendant committed each of the instant offenses, even during the period of repeated offense; and (c) the Defendant committed repeated commission of each of the instant offenses; and (d) the Defendant did not reach an agreement with some victims; and (c) all of the sentencing conditions indicated in the instant records and arguments, including the Defendant’s age, character and behavior, environment, health conditions, motive and process of the offense; and (d) the circumstances after

Furthermore, the grounds for unfair sentencing asserted by the Defendant and the Prosecutor in this court are the circumstances that the lower court had already taken into account when determining the Defendant’s punishment, and it is difficult to view that there exists any change in circumstances to the extent that may be newly considered in

Thus, the defendant and the prosecutor's assertion are without merit since the court below's punishment is too heavy or it is not unreasonable.

3. Accordingly, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow