상해등
All appeals filed by the defendant and prosecutor are dismissed.
1. The lower court’s scope of trial in this Court dismissed the prosecution against the Defendant regarding intimidation among the facts charged in this case, and sentenced the remaining facts charged to the Defendant. The Defendant and the Prosecutor appealed against the guilty part of the lower judgment on the grounds of unreasonable sentencing as follows. Thus, the dismissed part of the prosecution was separated and finalized as it is.
Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.
2. Summary of grounds for appeal;
A. Considering the fact that the Defendant committed all the crimes of this case, and there are circumstances to take into account the background leading up to the commission of the crime, and that the victim was not punished against the Defendant, the punishment of the lower court (one year of imprisonment and two years of suspended execution, probation, and 160 hours of community service order) is too unreasonable.
B. Considering the fact that the degree of damage appears to be considerably serious in light of the form and circumstance of each of the instant crimes committed by the prosecutor, the victim’s serious physical and mental pain, etc., the above punishment of the lower court is too uneasible and unreasonable.
3. Determination
A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.
(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.
In light of the above legal principles, the court below sentenced the defendant to the above punishment on the grounds of sentencing as stated in its reasoning. The circumstances alleged by the defendant and the prosecutor are already considered in the court below's determination of punishment, and they are considered in the court below's trial.