beta
Text
All appeals filed by the defendant and prosecutor are dismissed.
Reasons
1. Summary of grounds for appeal;
A. In light of the fact that the Defendant committed the instant crime, while recognizing the fact of the instant crime, is deeply against the mistake and there is no history of punishment exceeding the fine, and that the Defendant is making the best efforts to agree with the victim, the lower court’s punishment (five million won of fine) is too unreasonable.
B. Considering that the nature of the crime in light of the means of the instant crime by the prosecutor, which is somewhat weak, the victim wants to be punished against the Defendant, the above punishment by the lower court is too uneasible and unreasonable.
2. Determination
A. Under the Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, 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, it is reasonable to respect it.
(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). B.
In light of the above legal principles, the court below sentenced the above sentence to the defendant on the grounds of sentencing as stated in its holding. The circumstances alleged by the defendant and the prosecutor appear to have been fully considered when determining the punishment in the court below, and there are no new sentencing data that could change the sentence of the court below, and in light of other factors such as the defendant's age, character, character, environment, criminal records, criminal records, motive, means and consequence of the crime, circumstances after the crime, etc., the court below cannot be deemed to have judged that the punishment against the defendant is appropriate, and it exceeded the reasonable scope of discretion because it is too heavy or unfeasible.
3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act since the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per