beta
(영문) 인천지방법원 2017.05.31 2017노561

공용물건손상등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court dismissed the prosecution on the charge of assault among the facts charged in the instant case and sentenced the remainder of the facts charged.

However, the defendant appealed only to the guilty portion of the judgment below, and the dismissed portion of the judgment of the court below is separate and finalized due to the prosecutor's failure to appeal the dismissed portion of the public prosecution, and only the remaining guilty portion is subject to

2. The summary of the grounds for appeal (unfair sentencing) that the sentence imposed by the court below on the defendant (two years of suspended sentence in October, observation of protection and community service work 120 hours) is too unreasonable.

3. In light of the circumstances asserted by the Defendant on the grounds of appeal, the lower court’s punishment is too unreasonable, even if there is no change in circumstances that may be considered in sentencing after the lower judgment, and the various sentencing conditions indicated in the records and arguments of this case are considered.

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