logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2020.05.08 2020노468
범죄단체가입등
Text

The defendant's appeal is dismissed.

Reasons

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

2. In a case 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 it in the appellate

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the health class, the lower court, based on various circumstances as indicated in its reasoning, determined the sentence, and did not find any new circumstances that could change the sentence of the lower court in the trial. In addition, even if considering all factors of sentencing as indicated in the instant argument, including the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the lower court’s sentencing is too excessive and does not seem to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is groundless.

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

arrow