(영문) 청주지방법원 2016.05.27 2015노1164 | 리걸엔진

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(영문) 청주지방법원 2016.05.27 2015노1164

폭력행위등처벌에관한법률위반(공동폭행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won in penalty) is too unhued and unreasonable.

2. It is reasonable to respect the sentencing of the first instance court when there is no change in the conditions of sentencing compared with the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion. It is desirable to refrain from imposing a sentence that differs from the first instance court on the sole ground that the sentence of the first instance falls within the reasonable scope of discretion, even though the opinion of the appellate court is somewhat different from the opinion of the appellate court (Supreme Court Decision 2015Do3260 Decided July 23, 2015). The lower court determined that the Defendant had been sentenced three times of punishment by assault (one time of suspended sentence of imprisonment and two times of sentence), but the Defendant was sentenced to a suspended sentence for a minor period of one year and six months, which is less favorable to the Defendant during the suspended sentence of execution of official duties by taking into account the following facts: (a) the Defendant was sentenced to imprisonment with prison labor for a limited period of up to 1 year and six months, which is a violation of the Punishment of Violences, etc. Act (Composition of organizations, etc.); and (b) on May 29, 2014.

In addition to the above circumstances, it is deemed that the risk of recidivism is low, including the Defendant’s activities to engage in normal occupational activities after the instant crime, and the Defendant is practicing such activities.

In full view of the fact that the sentencing of the lower court seems to be too uneasible and unfair in view of various circumstances, such as the Defendant’s age, sex, intelligence and environment, motive, means and consequence of the commission of the crime, the circumstances after the commission of the crime, etc., the sentencing of the lower court is not deemed unfair.

Therefore, the prosecutor's ground of appeal cannot be accepted.

3. Conclusion, prosecutor.

참조조문

-폭력행위 등 처벌에 관한 법률

참조판례

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

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