logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2019.10.31 2019노930
특수존속협박
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (three million won of a fine) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, 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). In relation to real estate donated to the Defendant’s wife, the Defendant committed the instant crime in the course of dispute with the victim, and there are grounds to take into account some the circumstances leading up to the instant crime, and the fact that there is no other criminal record than the fine imposed two times due to the instant crime is favorable to the Defendant.

However, the instant case is an unfavorable circumstance to the Defendant, citing the atmosphere of approximately 30 centimeters, which is a dangerous thing by the Defendant, and using it in the victim’s residence, and thereby threatening the victim. The nature of the crime is inferior, the method of committing the crime was very dangerous, and the victim wanted to punish the Defendant.

In addition, comprehensively taking account of the following factors: the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, and circumstances before and after the instant crime, even if the lower court’s determination of sentencing exceeded the reasonable bounds of discretion, it cannot be deemed that the lower court’s determination of sentencing exceeded the reasonable bounds of discretion.

In addition, it is reasonable to respect the sentencing of the first instance court in cases where there is no change in the conditions of sentencing compared to the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion (see, e.g., Supreme Court en banc Decision 2015Do3260, Jul. 23, 2015). There is no change in circumstances that it is unreasonable to maintain the sentencing of the lower court in the

Therefore, the defendant does not accept the defendant's assertion of unfair sentencing.

3. The defendant's appeal for conclusion is without merit, and Criminal Procedure Act.

arrow