(영문) 부산지방법원 2018.06.29 2017노4118 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 부산지방법원 2018.06.29 2017노4118

상해등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one hundred months of imprisonment) is too unhutiled and unfair.

2. Ex officio determination

A. The appellate court may ex officio decide whether there exists any reason to acknowledge that sentencing is unfair in the judgment of the first instance court prior to the judgment on the grounds of appeal by the prosecutor that the sentence of the first instance is too unfford and unfair. In the event that there exists such reason, the appellate court may reverse the judgment of the first instance and determine and sentence a minor sentence rather than the sentencing of the first instance judgment (see, e.g., Supreme Court Decisions 80Do2097, Nov. 11, 1980; 2008Do1092, Dec. 9, 2010). B. B. We examine the criminal defendant’s sentencing ex officio prior to the prosecutor’s judgment on the unjust argument of sentencing.

Each of the crimes of this case is an unfavorable circumstance, such as the fact that the defendant is driving a drinking alcohol and received a report, and at the same time, it is not good that the defendant interfered with the performance of official duties, and that the defendant has already been subject to two times of drinking driving, etc.

However, in full view of the following circumstances: (a) the Defendant sought a preference against the Defendant in agreement with the victim C in the trial of the party; (b) the Defendant recognized each of the instant crimes and against himself; (c) the Defendant did not have any criminal record exceeding the fine; and (d) the Defendant’s age, sexual conduct, environment, motive and circumstance of the crime, means and consequence, etc.; and (c) the sentencing conditions specified in the instant case, such as the circumstances after the crime, etc., the lower court’s punishment is unreasonable as it was unreasonable.

In this respect, the judgment of the court below cannot be maintained as it is.

3. The judgment of the court below is reversed in accordance with Article 364(2) of the Criminal Procedure Act, and the judgment of the court below is reversed and it is again decided as follows.

【Re-written judgment】 Summary of criminal facts and evidence is recognized by the court.

참조판례

-대법원 1980. 11. 11. 선고 80도2097 판결

-대법원 2010. 12. 9. 선고 2008도1092 판결

유사 판례

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