(영문) 부산지방법원 2020.02.13 2019노4072 | 리걸엔진

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Reasons

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자간(%)

(영문) 부산지방법원 2020.02.13 2019노4072

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court, among the facts charged in the instant case, found the Defendant guilty as to insult, and sentenced the remainder of the facts charged. Since the part of the Defendant’s appeal as to the conviction only became final and conclusive upon the expiration of the period of appeal, the part of the dismissal of public prosecution for which the prosecutor did not appeal is not appealed, the lower court should be tried only on the conviction part of the

2. Summary of grounds for appeal;

A. The sentence imposed by the lower court (six months of imprisonment) is too unreasonable.

B. At the time of committing each of the instant crimes, the Defendant was in a state of mental disability or mental disability.

3. Determination

A. In a case where no change exists in the conditions of sentencing compared to the first instance court’s judgment on the assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it

(see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). The lower court determined a punishment in consideration of the fact that the Defendant had been punished several times as a same kind of crime, and that the Defendant did not agree with the victims, and there is no change in circumstances or normal relationship that could change the sentence of the lower court in the trial.

In addition, considering various sentencing conditions, such as the defendant's age, character and conduct, records of the crime, motive or circumstance of the crime, and circumstances after the crime, the sentence imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

B. In light of the circumstances acknowledged by the evidence duly adopted and examined by the lower court as to each of the instant crimes, the circumstance at the time of the commission of the crime, the means and method of the crime, and the circumstances after the commission of the crime, etc., it cannot be deemed that the Defendant had a state of mental disability or mental disorder at the time of

4. Accordingly, the Defendant’s appeal is groundless.

참조판례

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

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