(영문) 광주지방법원 2019.10.17 2019노718 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2019.10.17 2019노718

특수재물손괴

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the lower court’s punishment (fines 8,00,000) is too unreasonable.

2. Determination

A. 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 it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). B.

The lower court determined that, under the circumstances that: (a) the Defendant carried dangerous articles and committed a crime; (b) the degree of damage was not less severe; (c) the Defendant was punished several times due to violent crimes; (d) the Defendant was sentenced to imprisonment with prison labor for eight months in the period of suspension of execution on August 17, 2017; and (e) the Defendant committed the instant crime without any reflection despite being sentenced to two years in the period of suspension of execution; (b) the Defendant led to the confession and reflect of the crime; (c) misunderstanding and dispute against the victims in relation to the relationship; (d) the Defendant appears to have led to the instant crime; and (e) the Defendant paid all repair expenses for the damaged automobiles; (e) the victim was found to have not want the Defendant’s punishment; (e) the victim, who was in relation with the victim, was aware of a future marital relationship with the Defendant and was under a plan to live together with the Defendant; and (e) the victim’s family members also wanted the Defendant’s wife against the Defendant; and (e) the Defendant’s punishment for the Defendant.

C. Based on the above legal principle, there is no change in the above sentencing conditions compared with the court below, and it seems that the court below’s punishment was too excessive and exceeded the reasonable scope of discretion, considering the following factors: Defendant’s age, character and conduct, motive of crime, and circumstances after crime.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

유사 판례

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