(영문) 인천지방법원 2018.01.11 2017노4179 | 리걸엔진

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(영문) 인천지방법원 2018.01.11 2017노4179

폭행등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (a punishment of one year and eight months, confiscation) is too unreasonable.

2. It is recognized that the defendant recognized and reflected each of the crimes in this case, and each of the crimes in this case appears to have committed contingent acts while driving.

However, the Defendant continued to commit further crimes without being aware of the fact that he was investigated by an investigation agency after the first crime, and even if he was investigated by the investigation agency, the Defendant committed a special injury resulting from an injury to the victim’s hair by displaying a siren, and the nature of the crime is not very good. Nevertheless, the Defendant did not recover from damage up to the first instance trial, and the Defendant was not guilty of 10 violence, and most of it were under the influence of alcohol, and it seems that the main violence problem of the Defendant is serious, and that serious warning and correction are needed due to the high criminal tendency. In full view of the above, the Defendant’s sentence of imprisonment is inevitable.

In light of these circumstances, the lower court has determined a sentence by comprehensively taking into account all the conditions of sentencing as shown in the argument of the instant case, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime. The lower court’s sentencing appears to have been conducted within the reasonable scope of discretion, and there is no change in circumstances that could change the sentencing of the lower

Therefore, the punishment sentenced by the court below cannot be deemed to be unfair because it is too large.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.

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