(영문) 광주지방법원 2020.05.21 2020노570 | 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) 광주지방법원 2020.05.21 2020노570

특수폭행

Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (one year of imprisonment) is too unreasonable;

2. The Defendant’s finding of the grounds for appeal was the first instance, and the fact that the Defendant recognized the instant crime is favorable to the Defendant.

On the other hand, there are three days after the defendant was under detention judgment due to the same crime, and he was released as bail, and committed a special assault crime again against another prisoner while being detained, and there are several criminal records of the same kind that the defendant was sentenced to imprisonment, and the case is also committed during the period of repeated offense due to the same criminal records, and the victims' damage has not been recovered.

In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument of the defendant is without merit.

3. The crime of special violence in this case committed against the defendant who is convicted of the judgment on the application for compensation does not fall under any of the crimes in the subparagraphs of Article 25 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings, and since an agreement between the defendant and the applicant for compensation was not reached pursuant to paragraph (2) of the same Article, the application for compensation

4. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the application for compensation by the applicant for compensation is inappropriate, it is decided to dismiss it under Article 32 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of

참조조문

-소송촉진 등에 관한 특례법 제25조 제1항

-소송촉진 등에 관한 특례법 제32조 제1항 제1호

-형사소송법 제364조 제4항

유사 판례

-광주지방법원 2019.07.25 2019노1215

-서울서부지방법원 2019.08.29 2019노574

-의정부지방법원 2014.03.20 2013노2348

-인천지방법원 2020.02.07 2019노3740

-부산지방법원 2020.05.14 2020노789