(영문) 수원지방법원 2018.09.06 2018노3107 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2018.09.06 2018노3107

특수상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) is that the lower court’s punishment against the Defendant is too heavy or (the Defendant) is unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant did not directly inflict a bodily injury on the victim D with dangerous articles; (b) the Defendant did not have any other force of punishment before and after violence in 2004; (c) the victim’s injury was relatively heavy; (d) the Defendant and the victim were currently in a divorce lawsuit and the intent of both parties to divorce appears to be clear; and (e) the Defendant recognized all of the instant crimes and committed a serious mistake.

On the other hand, even if considering the defendant's assertion as to the motive for the crime of this case, the crime of this case is not justified, in light of the content and method of the crime, and the relationship with the victims, etc., the defendant assaulted the victim D on July 2, 2017 and committed another crime despite the record of sending it to the family protection case on August 10, 2017, and again committed the crime. The victims did not reach an agreement with the victims, and the victims sought severe punishment, and the crime of this case was committed against the dead women who were at the time of violence of 2004.

In addition, there is no change in the conditions of sentencing compared to the records and arguments of the instant case, including the Defendant’s age, sex, environment, relationship with the victim, motive or circumstance after the commission of the crime, and circumstances after the commission of the crime, etc., and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance in a comprehensive manner (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). In full view of the following, the lower court’s punishment was too heavy or unfilled, thereby exceeding the reasonable scope of discretion.

It is not visible.

All the arguments of the defendant and the prosecutor are without merit.

3...

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

-부산지방법원 2018.08.31 2018노1882

-수원지방법원 2018.05.03 2017노6904

-전주지방법원 2021.01.28 2020노1516

-수원지방법원 2018.05.31 2017노7816

-부산지방법원 2016.07.14 2016노1411