(영문) 서울남부지방법원 2015.10.08 2015노800

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(영문) 서울남부지방법원 2015.10.08 2015노800

폭력행위등처벌에관한법률위반(공동폭행)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A’s final and conclusive judgment became final and conclusive and the Defendant’s performance of community service order for 200 hours would lose work and make it difficult for his family’s livelihood, the sentence imposed by the lower court (two years of probation, probation, and community service order for October) is too unreasonable.

B. In light of the fact that Defendant B’s mistake was divided and reflected, the Defendant’s economic condition and environment, etc., the sentence imposed by the lower court (two years of imprisonment with prison labor for October and two years of probation, probation, and community service order 200 hours) is too unreasonable.

2. The judgment of the community service order is a substitute means of imprisonment with prison labor, etc., for treating a criminal without having a criminal detained in his/her detention facility and being subject to sanctions within the society. Considering the fact that the court below imposed a community service order instead of suspending the execution of imprisonment with prison labor against the criminal, and such a disposition is not deemed to be excessive compared to the criminal of the criminal of this case, and that there are various areas of enforcement with regard to the execution of community service order according to the institution or form of the criminal of this case, it is difficult to accept the argument that

In light of the above circumstances and the background leading up to each of the instant crimes, degree and result of damage, the circumstances after the commission of the crime, the records and arguments of the Defendants, including the Defendant’s age, environment and character and conduct, and the sentencing reasons of the lower judgment, compared with the aforementioned circumstances, the sentence of the lower court against the Defendants is too unreasonable even if considering the circumstances alleged by the Defendants as the grounds for appeal.

3. In conclusion, the Defendants’ appeal is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

참조조문

-형사소송법 제364조 제4항

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