(영문) 부산지방법원 2016.11.18 2016노1561 | 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) 부산지방법원 2016.11.18 2016노1561

재물손괴등

Text

The defendant's appeal is dismissed.

A court shall institute a public prosecution to the extent consistent with the facts charged.

Reasons

1. The main point of the grounds for appeal is that the penalty (two million won of fine) imposed by the court below on the defendant is too unreasonable.

2. It is recognized that the circumstances, such as the fact that the Defendant made a confession of all of the instant crimes and reflects his mistake in depth.

However, in light of the following factors: (a) the Defendant destroyed three signboards owned by the victim D; and (b) the Defendant defames the victim by openly pointing out false facts; (c) the nature of the crime is considerably poor in light of the method and content of the crime; (d) the Defendant appears to have failed to reach an agreement with the victim or recover from damage up to now; (c) the Defendant had the record of being subject to a suspended sentence once and 17 times criminal punishment due to violent crimes, etc.; (d) there are no special circumstances or changes in circumstances that may be newly considered after the decision of the lower court; and (e) other various sentencing conditions as shown in the argument of the instant case, such as equity in sentencing with the same or similar incidents; (e) the Defendant’s age, character and conduct, environment, motive and circumstance of the crime; and (e)

Therefore, the defendant's above assertion is not accepted.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

[However, in accordance with Article 25 (1) of the Rules on Criminal Procedure, if the term "F" in two pages of the judgment of the court below is deemed to read "F that may know its circumstances," and if the term "Article 366 of the Criminal Act" in the following three lines are deemed to read "Articles 366, 34 (1), and 31 (1) of the Criminal Act (Provided, That Articles 34 (1), and 31 (1) of the Criminal Act shall be limited to Article 1-b (a) of the facts constituting the crime in the judgment of the court below)", it shall be deemed to read "F" in Article 25 (1) of the Rules on Criminal Procedure

The crime of this subsection is deemed to have been committed by the defendant who is unaware of the circumstances.

참조조문

유사 판례

-부산지방법원 2014.07.11 2014고정492

-춘천지방법원 2013.05.02 2012고정624

-부산지방법원 2013.12.19 2013고정3546

-의정부지방법원 2014.03.20 2014고단223

-인천지방법원 부천지원 2019.08.21 2019고단1184