(영문) 광주지방법원 2020.02.13 2019노3012 | 리걸엔진

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.02.13 2019노3012

폭행

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the court below's imprisonment (eight months of imprisonment) is too unreasonable.

2. The fact that the defendant recognized his mistake is favorable to the defendant.

On the other hand, the defendant has been punished more than once for the same crime, and the defendant has been punished as a suspended sentence of imprisonment or imprisonment. On the other hand, on October 2017, the defendant was sentenced to a suspended sentence of three years and the judgment became final and conclusive on June 2018 due to a violation of the Act on the Punishment, etc. of Sexual Crimes (Indecent Act) on the Punishment, etc. of Sexual Crimes. Although the defendant was prosecuted as having committed the crime of bodily injury, etc. during the suspended sentence and was sentenced to a fine on November 2018, the defendant again committed the crime of this case despite being sentenced to a fine during the suspended sentence period, and the defendant appears to have threatened the victim as having not known the victim about the crime of this case and found him/her in his/her residence.

In addition, the circumstances of the crime of this case, the circumstances after the crime of this case, the age, character and conduct, environment, etc. of the defendant and the sentencing guidelines for the enactment of the Sentencing Committee.

1. Scope of punishment by law: One month to two years;

2. The scope of recommendation [decision of types] according to the sentencing guidelines for violent crimes [Class 1] general assault [Special Aggravation] factors: In full view of the motive (excluding the scope of recommendation area and recommendation type] to criticize (excluding the scope of recommendation field and recommendation type] increased area, and four months to one year and six months, it is not recognized that the sentence of the court below is too unreasonable, and the defendant's assertion is without merit.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

참조조문

-형사소송법 제364조 제4항

유사 판례

-부산지방법원 2019.10.07 2019고단3364

-서울서부지방법원 2019.09.27 2019고단2503

-서울남부지방법원 2020.07.23 2019고단2806

-서울남부지방법원 2019.10.16 2019고단3893

-광주지방법원 목포지원 2021.03.23 2020고단354