(영문) 대구지방법원 2018.08.16 2017노2768 | 리걸엔진

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(영문) 대구지방법원 2018.08.16 2017노2768

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is too unfased and unreasonable.

2. The lower court sentenced the above punishment by taking into account the circumstances favorable to the Defendant, such as: (a) the Defendant her wife and the head of his/her child who was the child and was injured by the autopsy; (b) the continuous autopsy of his/her child, etc. was significant to the nature of the crime; (c) the Defendant’s failure to respond properly to consultation for the examination of home protection cases and the prevention of recurrence; and (d) the Defendant committed the larceny without being subject to suspension of indictment due to domestic violence; (c) the Defendant recognized all of the crimes at an investigative agency; (d) the degree of each injury was not serious; (e) the victim C was agreed with the victim B; (c) the victim C did not want the Defendant’s punishment; (d) the victim C was returned; (e) the victim did not have any criminal conviction for the same kind of crime; and (e) the Defendant did not have any criminal history to punish more than a fine.

Even when taking into account the unfavorable circumstances that the nature of the defendant's crime is not less light, considering the circumstances that the defendant's wife and children are not subject to the punishment of the defendant, and that the defendant has no criminal record for the same kind of crime, considering the favorable circumstances in consideration of the court below, including the defendant's age, sexual conduct, environment, circumstances leading to the crime, means and result, size of the crime, and circumstances after the crime, it cannot be deemed that the court below's judgment of sentencing has exceeded the reasonable bounds of its discretion or it is unfair to maintain it as it is (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). Therefore, the prosecutor's aforementioned assertion is without merit.

3. In conclusion, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

참조판례

-대법원 2015. 7. 23. 선고 2015도3260 전원합의체 판결

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