(영문) 수원지방법원 2016.12.22 2016노7175 | 리걸엔진

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자간(%)

(영문) 수원지방법원 2016.12.22 2016노7175

상해

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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 (long-term eight months of imprisonment and short-term six months) is too unreasonable.

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

2. We also examine the judgment and prosecutor’s arguments.

The fact that the defendant is still a juvenile, there is still no record of criminal punishment, and the fact that the crime of this case is recognized is favorable to the defendant.

However, even though the defendant received juvenile protective disposition several times due to the crime of violence in the past, he repeatedly committed the crime of this case. The crime of this case was used by considering the victim's face when the defendant expressed his desire to put the victim to the victim E, and the victim who had been faced with his care in the past was moving to another place, and did not have any attitude of attacking the defendant. However, even though the defendant did not seem to have been able to attack the defendant, the defendant also committed an injury to the surrounding 49 days, so long as the victim's face was unfolded, it was very poor in terms of the process, method and method of the crime. Although the degree of injury the victim suffered due to the crime of this case is relatively significant, it seems that there is no appropriate compensation for the victim still, even if the defendant was detained by the crime of this case, and the circumstances after the crime of this case such as assaulting other prisoners within the detention house and receiving a disposition of this case after 25 days after the crime of this case are not suitable.

In full view of all the above conditions of sentencing, including character, conduct, environment, and family relationship of the defendant, the sentence imposed by the court below is too heavy or unreasonable.

3. In conclusion, the appeal filed by the Defendant and the prosecutor is with merit.

유사 판례

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