logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2018.06.21 2018노283
건조물침입
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Improper sentencing of the Defendant - The lower court’s punishment is too heavy.

B. Prosecutor’s improper sentencing - The lower court’s punishment is too minor.

2. We examine each of the Defendant and the Prosecutor’s arguments below judgment.

The circumstances alleged by the prosecutor as an unfavorable factor in sentencing in the trial of the political party and the circumstances alleged by the defendant as an favorable factor in the trial of the political party were revealed in the oral proceedings of the court below, and there is no change of circumstances in relation to the matters that are the conditions for sentencing after the decision of the court below

The lower court has already determined a punishment by fully taking into account all the circumstances that include the circumstances asserted by the Defendant and the Prosecutor on the grounds of each appeal, and held that such punishment is too minor, or that it exceeded the reasonable scope of discretion on the determination of sentencing of the court due to its gross negligence.

shall not be deemed to exist.

Therefore, each of the improper sentencing of the prosecutor and the defendant is rejected.

3. In conclusion, since each appeal by the defendant and the prosecutor is without merit, it is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow