상해등
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal is too unreasonable in light of the fact that the defendant is against the crime of this case, has no record of criminal punishment, and must support the victim with poor economic conditions, etc.
2. Determination on the grounds for appeal
A. Since the current Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has a unique area in the sentencing determination, it is reasonable to respect the sentencing determination in cases where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.
The circumstances alleged by the Defendant as favorable factors for sentencing in the grounds for appeal are deemed to have been fully considered in the original court’s determination of punishment at the lower court. There are no new additional circumstances to change the original court’s punishment in the first instance court. Moreover, considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the crime, circumstances after the commission of the crime, etc., the lower court’s punishment is deemed reasonable and is too unreasonable.
3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.