(영문) 부산지방법원 2017.03.31 2016노4553 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2017.03.31 2016노4553

상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each punishment sentenced by the lower court (the first judgment: the fine of KRW 3 million; the second judgment; the imprisonment of KRW 200,000; the additional collection of KRW 200,000) is too unreasonable.

(b)the sentence sentenced to the first instance judgment of the Prosecutor is too unhued and unreasonable;

2. Determination

A. In full view of the circumstances revealed in the records and pleadings of this case, including the Defendant’s age, sex, environment, family relationship, means and method of the crime, circumstances after the crime, etc., the Defendant’s punishment imposed by the lower court is too heavy or unreasonable, and thus, it cannot be deemed unfair, in light of the following circumstances: (a) the Defendant’s judgment on the Defendant and the Prosecutor’s unjust assertion of sentencing as to the sentencing of the Defendant and the Prosecutor’s each of the following facts: (b) the degree of injury is relatively minor; (c) the victim and the Prosecutor agreed smoothly with the victim; (d) the Defendant committed the instant crime during the period of repeated offense; and (e) the Defendant committed multiple violent crimes including punishment; and (e) the Defendant’s age, sex

B. It is necessary to strictly punish the Defendant on the following grounds: (a) the fact that the Defendant recognized and against the judgment of the court below regarding the Defendant’s unfair argument of sentencing against the judgment of the second instance; (b) the victim of a special injury and the Defendant agreed smoothly with the victim of the crime; and (c) his family members and his assistants are leading the Defendant; (b) each of the instant crimes was committed during the period of repeated crime; and (c) the crime related to narcotics was committed during the period of repeated crime; and (d) the risk of repeating the crime is very high. In particular, the Defendant has a history of being sentenced to the medication of narcotics; (c) there was no change in the sentencing conditions that may be particularly considered in the appellate court; (d) the Defendant’s age, sex behavior, environment, motive, means, and consequence of the crime; and (e) the circumstances after the crime were committed.

유사 판례

-부산지방법원 2016.06.09 2016노1147

-서울중앙지방법원 2017.06.29 2017노1065

-인천지방법원 2018.05.10 2017노3554

-서울남부지방법원 2021.01.11 2020노2148

-서울고등법원 2018.11.30 2018노2594