logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2021.01.21 2020노3675
출입국관리법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentencing (in each case, eight months of imprisonment) is excessively unreasonable.

2. The determination of sentencing is based on the statutory penalty, based on the discretionary determination that takes place within a reasonable and appropriate scope by taking into account the factors constituting the conditions for sentencing as prescribed in Article 51 of the Criminal Act, and there is a unique area of the first deliberation in our criminal litigation law taking the trial-oriented principle and the principle of directness.

In addition to these circumstances, in light of the appellate court’s ex post facto and aesthetic nature, it is reasonable to respect the sentencing in cases where there is no change in the conditions of sentencing compared with the first instance court, and the sentencing in the first instance does not deviate from the reasonable scope of discretion. Although the sentence in the first instance falls within the reasonable scope of discretion, it is desirable to refrain from rendering a sentence that does not differ from the first instance court’s view (see Supreme Court Decision 2015Do3260, Jul. 23, 2015) by destroying the first instance judgment solely on the ground that the sentence in the first instance court’s opinion differs from the appellate court’s opinion (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The lower court sentenced the Defendants to the above punishment on the grounds of the following reasons: (a) the Defendants were led to the confession of the crimes; and (b) the period of stay after entering the court; and (c) the Defendants’ reasonable circumstances favorable to the sentencing in the first instance court’s judgment are sufficiently considered in the first instance’s decision and attempted and safe administration.

It is not visible, and it is reasonable to respect the sentencing of the lower court because there is no particular change in the sentencing conditions in the trial.

arrow