(영문) 수원지방법원 2018.02.22 2017노8830 | 리걸엔진

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줄 간격

자간(%)

(영문) 수원지방법원 2018.02.22 2017노8830

특수폭행등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (a year of imprisonment, a fine of KRW 500,00) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine each of the judgment and prosecutor’s unfair sentencing cases.

In comparison with the judgment below, if there is no change in the sentencing conditions, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is necessary to respect it (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The court below appears to have an attitude against the defendant. The court below shows that a large number of victims of night structure intrusion larceny, which is not significant in value, and which are favorable to the defendant, are not subject to punishment of the defendant. In light of the implements used by the defendant for each crime, the crime of special assault, special intimidation, and nighttime structure intrusion attempted at night is very poor in the nature of the crime, and that the defendant committed several times within the short period of time, and that the defendant committed several crimes within the short period of time. The grounds for sentencing alleged by the defendant and the prosecutor have already been considered as having already been determined by the court below, and there is no new change in the sentencing conditions and the new data submitted by the court below.

In addition, comprehensively taking account of the following factors: Defendant’s age, sex, family environment, motive and circumstance leading to committing the crime, means and method of committing the crime, and the circumstances after committing the crime, etc., the sentencing of the lower court cannot be deemed to be excessively heavy or light so far as it goes beyond the reasonable scope of discretion.

Therefore, we do not accept the defendant and prosecutor's argument disputing the propriety of sentencing of the court below.

3. In conclusion, each appeal by the defendant and the prosecutor is without merit.

참조판례

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

유사 판례

-서울동부지방법원 2016.03.24 2015노1664

-부산지방법원 서부지원 2017.11.23 2017고단1221

-서울고등법원 2018.09.21 2018노1768

-서울고등법원 (춘천) 2017.10.18 2017노86

-광주고등법원 2017.06.01 2017노24