(영문) 부산지방법원 2016.09.23 2015노3683 | 리걸엔진

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자간(%)

(영문) 부산지방법원 2016.09.23 2015노3683

상해등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On October 7, 2015, the Defendant filed an appeal against the lower judgment on October 7, 2015. On December 21, 2015, the Defendant received a notice of receipt of the record of trial from this court, and the Defendant did not submit a written reason for appeal until 20 days after the deadline for submitting a written reason for appeal.

In addition, there is no reason for appeal in the petition of appeal submitted by the defendant, and there is no reason for ex officio investigation on the records.

Therefore, the defendant's appeal is dismissed in accordance with Article 361-4 (1) of the Criminal Procedure Act.

2. Judgment on the prosecutor's appeal

A. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too unhued and unreasonable.

B. Although the Defendant had been subject to punishment several times for the same crime, once again repeated the instant crime, and the fact that the instant crime was committed by assaulting a female under the age of 62 without a clear reason is disadvantageous to the Defendant.

However, it is necessary to respect the judgment of the court below on the ground that there is no change in the conditions of sentencing compared to the court below because new sentencing materials have not been submitted in the trial at the court of original instance. In full view of the following: (a) the defendant recognized a crime in the court of original instance as well as reflects the defendant; (b) the degree of injury has not been severe; (c) the victim was not subject to the punishment of the defendant; (d) the defendant supported and made difficult for the defendant to support alone; and (e) the details and result of the crime of this case, including the circumstances after the crime, character and behavior, environment, age, etc. of the defendant, the sentencing of the court below is too unjustifiable and unreasonable.

(c)

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, as there is no reason to do so.

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