logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2019.07.24 2019노578
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

As to the summary of the grounds for appeal (e.g., imprisonment for four months and two years of suspended execution), the accused asserts that the prosecutor is too unfasible and unfair.

It is reasonable to respect the first instance judgment in a case where there is no change in the conditions of sentencing compared with the first instance judgment on the assertion of unfair sentencing by the Defendant and the prosecutor, and where the sentencing by the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it. Although the first instance judgment falls within the reasonable scope of discretion, it is desirable to reverse the first instance judgment on the sole ground that it is somewhat different from the appellate court’s opinion, and

(Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the following, there is no particular change in the sentencing conditions compared to the lower court even if the Defendant and the Prosecutor considered the allegations in the trial.

In addition, the Defendant did not go against the victim even though he had exercised domestic violence several times against the victim, and did not have committed the crime of this case, and did not receive any use from the victim.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the Defendant’s age, character and conduct, and environment, and various sentencing conditions shown in the instant records and arguments, the lower court’s punishment is too heavy or unreasonable. Therefore, the Defendant and the prosecutor’s assertion are without merit.

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

arrow