(영문) 대구지방법원 2016.04.22 2015노2192



The defendant's appeal is dismissed.


1. The decision of the court below on the summary of the grounds for appeal (1.5 million won in penalty) is too unreasonable.

2. The judgment defendant recognized the crime of this case as well as reflects the depth thereof, and did not have any record of punishment for the same kind of crime.

In addition, the defendant seems to be in a situation in which it is economically difficult for the current basic living consumers.

However, the Defendant, upon receiving a report from the victimized person, discontinued the crime due to the illness of the police officer, leaves the victim's room, and finds it difficult for the victimized person to view that the Defendant's business interfered with the business, and that the nature of the crime is light.

subsection (b) of this section.

In addition, there is no change in the conditions of sentencing compared with the original judgment because new sentencing data have not been submitted in the trial at the same time, such as the victim did not agree with the victim until the trial at the trial, and the victim did not endeavor to recover the damage.

In addition, considering the Defendant’s age, sex, family environment, motive and background of a crime, means and consequence of a crime, and various conditions of sentencing, etc., even if considering the various favorable circumstances asserted by the Defendant, the punishment determined by the lower court is too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.