(영문) 창원지방법원 2018.12.12 2018노1688 | 리걸엔진

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(영문) 창원지방법원 2018.12.12 2018노1688

폭력행위등처벌에관한법률위반(공동상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of grounds for appeal (the sentence of the lower court shall be punished by imprisonment with prison labor for eight months);

2. Determination

A. The appellate court, compared to the first instance court, should respect the first instance sentencing judgment in a case where there is no change in the conditions of sentencing, and the first instance sentencing does not deviate from the reasonable scope of discretion.

B. The court below, in light of the facts that the defendant committed each of the crimes of this case in contingency, committed each of the crimes of this case repeatedly without being subject to the suspended sentence due to the first head of the judgment, and committed each of the crimes of this case in light of the defendant's age, sex, environment, circumstances, and circumstances after the crime of this case, etc., it shall be considered that the defendant committed each of the crimes of this case repeatedly without being subject to the suspended sentence due to the previous head of the judgment, and it shall be considered that the defendant committed each of the crimes of this case without being subject to the suspended sentence due to the previous head of the judgment, and that the crime is not good in light of the circumstances of the crime or the risk of the crime, etc., and determined a sentence by comprehensively taking into account the sentencing conditions, such as the defendant's age, sex, environment, circumstances, and circumstances after the crime.

(c)

The grounds for the court below's improper sentencing alleged by the defendant are shown to have already taken into account in determining the punishment against the defendant, and the above sentencing conditions have been changed in the court below.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant’s assertion is without merit.

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

유사 판례

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