logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2018.05.03 2017노4827
폭행
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence (one million won penalty) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015, etc.). It is reasonable to respect the instant damage. There is no reason to restrict the instant damage, and to consider the equity between the instant case and the case where a judgment is rendered simultaneously with the offense of violating the Act on the Punishment of Acts of Arranging Sexual Traffic, Etc. (the brokerage of commercial sex acts,

However, although the crime of this case is being committed by the defendant in the detention house, it is highly likely to be criticized as assaulting the reduction of the amount of the compensation, and not agreed with the victim, there is no new change of circumstances that can change the sentence of the court below in the trial.

In addition, when comprehensively considering the sentencing conditions, such as the defendant's age, degree of violence, circumstances after the crime, and criminal records (three times before and after the crime), as shown in the deliberation of the court below and the party, the punishment imposed by the court below is conducted within the reasonable scope of discretion, and is not hot.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

arrow