(영문) 창원지방법원 2019.06.12 2018노3031 | 리걸엔진

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(영문) 창원지방법원 2019.06.12 2018노3031

폭력행위등처벌에관한법률위반(공동상해)

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Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Grounds for appeal;

A. Defendant A’s punishment of the lower court (a fine of KRW 5 million) is too unreasonable.

B. The Prosecutor (the Defendant A)’s sentence (the fine of KRW 5 million, and the fine of KRW 3 million) of the lower court is too uneased and unreasonable.

2. The lower court determined that the Defendants committed the instant crime by assaulting the victim, who is a substitute driver, and thus, did not good quality of the crime. Defendant A was punished several times for various violent crimes and committed another violent crime during the period of suspension of execution, and Defendant B again committed another violent crime under the circumstances that are unfavorable to the police officer, such as the following: (a) the Defendants did not want to punish the Defendants; (b) Defendant A did not want to have been punished by the victim; (c) Defendant A did not focus on the degree of violence exercised by the police officer; and (d) Defendant A prevented Defendant B from taking advantage of the aforementioned factors; (d) Defendant B’s control at the scene; and (e) Defendant B did not have any criminal record or any other criminal record of suspended execution; and (e) Defendant B committed the instant crime by assaulting the victim, who is a substitute driver, and (e) committed another violent crime during the period of suspension of execution; and (e) Defendant B was subject to a report by force against the police officer upon receipt of 112 report.

The grounds for unfair sentencing alleged by the Defendants and the Prosecutor seem to be the circumstances in which the lower court has already taken full account of the Defendants’ punishment.

The lower court determined the punishment within a reasonable scope by taking into account the circumstances favorable to the Defendants and the unfavorable circumstances with respect to the sentencing of the instant case, and there are no circumstances to deem that the said sentencing conditions were changed in the appellate court.

Therefore, the Defendants and the prosecutor’s assertion are all, since the lower court’s punishment is heavy or light.

유사 판례

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-울산지방법원 2015.09.04 2015노817