logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2019.11.21 2018노1687
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. As to the summary of the reasons for appeal, the defendant asserts that the defendant is too unafford and unfair, and the prosecutor asserts that the prosecutor is too unafford and unfair.

2. The judgment of unfair sentencing refers to the case where the sentence of the judgment of the court below is too heavy or too minor in light of the content of the specific case.

Based on the statutory penalty, the sentencing is a discretionary judgment that takes place within a reasonable and appropriate scope by comprehensively taking into account the conditions of the sentencing prescribed in Article 51 of the Criminal Act based on the statutory penalty, and there is a unique area of the first instance court in our Criminal Procedure Act, which takes the trial-oriented principle and the direct principle.

In addition to these circumstances and the ex post facto nature of the appellate court, if there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court is not beyond the reasonable scope of discretion, it is reasonable to respect it.

(2) In light of the aforementioned circumstances and circumstances, the lower court’s judgment cannot be deemed to have exceeded the reasonable scope of discretion by taking account of the following factors: (a) the Defendant’s violation of the crime; (b) the family members of the Defendant did not waive the Defendant; (c) the Defendant re-offending the crime during the period of suspension of execution of the same kind of crime; and (d) the fact that there are a majority of the same criminal records; and (c) there are no special circumstances or changes in circumstances that may be newly considered in sentencing in the trial; and (d) the Defendant’s age, character and conduct, family relationship, motive and circumstance of the crime; and (e) all of the sentencing factors in the instant records and arguments, including the circumstances after the crime, are considered to have exceeded the reasonable scope of discretion, by taking account of the following factors: (a) the lower court’s sentencing is too heavy or unhued.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

arrow