(영문) 서울중앙지방법원 2020.02.13 2017노4363

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(영문) 서울중앙지방법원 2020.02.13 2017노4363

폭행등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim as described in the list of crimes (1) 1 to 4 at the time of original adjudication.

B. As to the decision of the court below on the unreasonable sentencing (two months of imprisonment and two years of suspended sentence), the defendant asserts that the defendant's punishment is too high, and the prosecutor argues that the punishment is too low and unfair.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below as well as the victim’s statement in the court below as to the Defendant’s assertion of mistake of facts, the fact that the Defendant committed an assault against the victim, such as the list of crimes, can be sufficiently recognized.

The defendant's above assertion is without merit.

B. If there is no change in the conditions of sentencing compared to the first instance court 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 Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, the lower court, based on the foregoing legal doctrine, determined the sentence by comprehensively taking account of the various circumstances as stated in its reasoning.

In addition to the circumstances indicated by the lower court, no new circumstance exists to change the sentence of the lower court in the trial, and even if considering all the sentencing factors indicated in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, it does not seem that the sentencing of the lower court is too heavy or unhued, thereby exceeding the reasonable scope of discretion.

Defendant

The prosecutor's above assertion is without merit.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is all dismissed.

참조판례

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

유사 판례

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