beta
(영문) 대구지방법원 2017.09.21 2017노1948

상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (3 million won) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The lower court sentenced the above punishment by taking account of the circumstances favorable to each of the instant crimes, such as the following: (a) the nature of the crime was not light in light of its background, method, etc.; (b) the Defendant was unable to receive a letter from the injured; (c) the Defendant was the primary offender; (d) the Defendant appears to have led to confession and reflect on some of the crimes; and (e) the degree of damage is relatively minor.

In full view of all the sentencing conditions, other than the circumstances considered by the lower court, including the Defendant’s age, sexual conduct, environment, health, and background leading to the commission of the offense, means and result, scale of the offense, and circumstances after the offense, the sentence imposed by the lower court appears to be reasonable, and the lower court’s judgment exceeded the reasonable bounds of its discretion, although it appears that the lower court’s sentencing exceeded the reasonable bounds of its discretion.

There is no circumstance in which the assessment or maintenance is deemed unfair (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable as it is alleged by the Defendant and the prosecutor.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit. It is so decided as per Disposition.