(영문) 부산지방법원 2018.05.25 2018노805 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.05.25 2018노805

업무방해등

Text

The defendant's appeal is dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court dismissed the public prosecution regarding each assault against the victim C, D, and E, and convicted each of the remaining facts charged.

Since the defendant appealed only against the guilty portion, the defendant cannot appeal against the judgment dismissing the public prosecution (see Supreme Court Decision 82Do3076, Dec. 13, 1983, etc.). Of the judgment below, the dismissed portion of the public prosecution became final and conclusive separately and excluded from the scope of the judgment of this court.

2. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) is too unreasonable because it is too unreasonable (the Defendant explicitly withdrawn his/her claim for mental and physical weakness on the first trial date). 3. Where the conditions of sentencing are not changed compared to the first trial, and the sentencing of the first trial does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see, e.g., Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant recognized the entirety of each of the instant offenses, and that the Defendant agreed with the victims of the crime of damaging property and the crime of interfering with the business.

However, the lower court appears to have determined a sentence in consideration of the favorable circumstances, and there is no change of circumstances that may be considered newly in sentencing after the sentence of the lower judgment, and each of the crimes of this case was committed several times during the repeated crime period due to the same kind of criminal records, and the Defendant’s damage to or interference with the property of the victim without any particular reason, and the nature of the crime is not good, taking into account the following circumstances, such as the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

The defendant's argument of sentencing is not accepted.

4. Conclusion of the defendant.

참조판례

-대법원 1983. 12. 13. 선고 82도3076 판결

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

유사 판례

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