(영문) 부산지방법원 2013.10.17 2013노1665 | 리걸엔진

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(영문) 부산지방법원 2013.10.17 2013노1665

퇴거불응등

Text

All appeals by the Defendants are dismissed.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (the sentencing of the defendant A: the fine of 2 million won, the fine of 1 million won in case of the defendant D) is too unreasonable.

Judgment

A. The circumstances favorable to the Defendant, such as murdering against Defendant A, the Defendant’s confession of all of the instant crimes, and the Defendant committed the instant crime in a contingent manner while under the influence of alcohol, etc., but the instant crime is out of the victim G’s house.

In light of the following circumstances: (a) the police officer, who was dispatched to the report of the above G, took a bath to the police officer, and the nature of the crime is not less severe; (b) the defendant committed the crime of this case even though there was a record of criminal punishment on several occasions due to violent crimes, etc.; (c) the court below already reduced the fine amount of the summary order (3 million won) in consideration of the circumstances favorable to the defendant; (d) the fairness in sentencing with the same similar case; (e) the motive and circumstances leading up to the crime of this case; (e) the motive and circumstance leading up to the crime of this case; (e) the circumstances after the crime; (e) the defendant’s age, character and conduct, and environment; and (e) the records and arguments of this case, which are conditions of sentencing

B. The circumstances favorable to the defendant, such as the defendant's confession of all of the crimes of this case, the defendant committed the crime of this case in a contingent condition while under the influence of alcohol, etc. However, the crime of this case is committed against the police officers who intend to arrest A as an offender in the act of violence with C and B, and thus obstructing the execution of their duties, and there is a need for strict punishment of the crime of this case in order to maintain public order and establish legal order. The defendant committed the crime of this case even though he had the record of criminal punishment several times of violent crimes, and the same and similar cases.

유사 판례

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