(영문) 청주지방법원 2019.01.25 2018노1219 | 리걸엔진

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(영문) 청주지방법원 2019.01.25 2018노1219

특수상해등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. In light of the fact that the Defendant recognized the facts charged and seriously reflects the Defendant, the lower court’s imprisonment (ten months of imprisonment) is excessively unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. In light of the fact that the act of special injury in the crime of this case among the crimes of this case was committed by a beer who is a dangerous object, the risk of the victim's face or the degree of injury to the victim is very serious, the act of driving without a license is very poor in terms of the fact that the blood alcohol concentration level is high to 0.193%, the act of driving without a license is still not subject to a special injury victim and the final agreement, the defendant did not comply with the investigation into the special injury and was arrested at the time of non-licenseless driving, and was arrested at the time of non-licenseless driving. The fact that there was no record of punishment several times for the same crime of driving without a license is disadvantageous, and the defendant has recognized all of the crimes of this case, the defendant did not have a criminal record exceeding the fine, the payment of the prescribed amount of money for the recovery of damage to the victim, and the fact that the court confirmed as a result of the confirmation that there is a large number of victims' appraisal is favorable.

Considering the circumstances mentioned above and the defendant's age, character and conduct, environment, motive, means and result of the crime, the circumstances after the crime, etc., the proper punishment seems to have been determined by comprehensively taking into account all the circumstances that form the conditions for sentencing as shown in the argument in this case.

It cannot be deemed that the sentence imposed by the court below is too heavy or unreasonable.

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

참조조문

-형사소송법 제364조 제4항

유사 판례

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