logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 전주지방법원 2020.04.07 2019노1709
상해등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court found the Defendant guilty of the injury and assault among the facts charged in the instant case and dismissed the prosecution against intimidation.

Since only the prosecutor appealed from the guilty part of the judgment below, the dismissal of prosecution in the judgment below was separated and finalized.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. The summary of the grounds for appeal (e.g., a fine of five million won) imposed by the lower court is too unhued and unreasonable.

3. All the circumstances alleged by the Prosecutor in the trial of the lower court were presented during the oral proceedings of the lower court, and the lower court determined the sentence by reflecting this.

There is no particular change in sentencing conditions compared with the original judgment because new sentencing data has not been submitted in the trial.

In full view of all the reasons for sentencing revealed in the proceedings of the instant case, the lower court’s sentence is too unfluent and thus, cannot be deemed significantly unfair beyond the reasonable scope of discretion in sentencing.

4. The prosecutor's appeal of conclusion is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the appeal is groundless

arrow