(영문) 광주지방법원 2018.01.30 2017노3008



The defendant's appeal is dismissed.


1. The decision of the court below on the gist of the reasons for appeal is too unreasonable.

2. The judgment that the Defendant recognized the instant crime, agreed with the victim, and that the Defendant’s health is not good at present.

However, the crime of this case was committed by the Defendant, who was released on parole after having been sentenced to imprisonment with prison labor for the crime of this case, and was committed in a state of drinking alcohol concentration of 0.133% from the date of parole for a period of six months and six months from the date of parole, resulting in an injury to the victim while driving the crime of this case without prison labor, and the nature of such crime is not weak.

In addition, there is no change in circumstances that are conditions for sentencing in the trial compared with the original judgment.

In full view of all such circumstances as the Defendant’s age, sexual conduct, environment, circumstances surrounding the crime, and circumstances after the crime, including these circumstances, the lower court’s punishment is only within the scope of reasonable discretion and is not deemed unfair because it is too unreasonable.

3. 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.