logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2015.01.23 2014노4326
상해등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. As to the assertion of unfair sentencing by the Defendant and the prosecutor, the Defendant committed the crime repeatedly against women and their families, committed some crimes by carrying dangerous articles, and violated the duty to maintain the utility of the electronic tracking devices repeatedly over 12 times, etc. The Defendant committed each of the instant crimes without being aware of even during the period of repeated crimes, multiple criminal offenses (three times of imprisonment and three times of fine) due to the same kind of crime against the Defendant, and the fact that the victims and their families have not been agreed upon or have not been recovered are disadvantageous circumstances.

On the other hand, the fact that the defendant led to the confession of the crime and the victim's damage is relatively less severe is favorable.

In addition, considering all the conditions of sentencing, including the Defendant’s age, character and conduct, environment, criminal records, and circumstances after the crime, the lower court’s punishment is too heavy or unreasonable. Thus, each of the above arguments by the Defendant and the prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, in accordance with Article 25(1) of the Regulation on Criminal Procedure, the content of "the pertinent provision of the law and the choice of the punishment for the crime of 1.2" applicable in the judgment of the court below is "Article 257(1) of the Criminal Code," Article 329 of the Criminal Code, Article 319(1) of the Criminal Code, Article 36 of the Criminal Code, Article 366 of the Criminal Code, Article 260(1) of the Criminal Code, and Article 260 of the Criminal Code, respectively.

arrow