logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 2016.10.13 2016노2137
절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment) by the lower court against the Defendant is too unreasonable.

2. In full view of the circumstances favorable to the defendant, or the fact that the defendant has been punished several times due to larceny, fraud, etc., as well as the fact that the defendant committed the crime of this case during the period of suspended execution due to special larceny, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, character and conduct, environment, motive, means and consequence, and circumstances before and after the crime, and other circumstances that the court below assessed that the court below exceeded the reasonable limit of discretion in sentencing decision, or there are no data newly discovered in the course of the trial of sentencing (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). Thus, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, among the summary of the evidence in the judgment of the court below, “1. G’s protocol of police statement” in Chapter 15 of the judgment of the court below among the summary of the evidence in the judgment of the court below shall be deemed as “G’s statement” and “1. R’s protocol of police statement” in Part 4 of Part 5 of the judgment below shall be deemed as “1. R’s statement”

.

arrow